title-81•Title 81 W. Va. C.S.R.
State Police State Police
Series 01 Supplemental Pay
W. Va. Code R. § 81-1-1 General
1.1. Scope. -- This rule establishes the number of hours per month which constitute the standard work month for members of the West Virginia State Police who are exempt from federal Fair Labor Standards Act guidelines and further designates the criteria for receipt of a portion or all of the supplemental payment when hours are worked in excess of the standard work month.
1.2. Authority. -- W. Va. Code '15-2-5.
1.3. Filing Date. -- March 29, 1999.
1.4. Effective Date. -- March 29, 1999.
1.5. Repeal of former rule - This legislative rule repeals and replaces West Virginia State Police Administrative Rule 81CSR1 filed on May 21, 1998 and effective June 15, 1998.
W. Va. Code R. § 81-1-2 Supplemental Pay
2.1. The standard work month for the West Virginia State Police members who are exempt from overtime pursuant to the provisions of the Federal Fair Labor Standards Act consists of one hundred seventy-three (173) hours.
2.2. Members of the West Virginia State Police who are exempt from overtime pursuant to the provisions of the Federal Fair Labors Standards Act, with the exception of the Superintendent and civilian employees, shall receive the following percentages of the maximum supplement for the equivalent number of hours worked in excess of the standard work month:
EXCESS TOTAL MONTHLY 1-5 hours 174 to & incl. 178 25% 6-10 hours 179 to & incl. 183 50% 11-15 hours 184 to & incl. 188 75% 16 or more 189 or more 100%
2.3. Credit for a normal workday of 8 hours shall be given in computing the number of hours worked per month for any legal holiday (HOD) or compensatory day (CDO) in lieu of a legal holiday; any day of annual leave (AWL), sick leave (SIQ), work related disability leave (DL), or administrative leave (AAL), as defined in West Virginia State Police Operational Policy and Procedure, taken within the month for which the computation is made. Credit for a normal workday of 8 hours shall also be given in computing the number of hours worked per month for any compensatory day (CDO) taken in lieu of a day off duty lost. Credit for a normal workday shall not be given for customary days off duty (DOD) or for any make up days (MUD) in lieu of customary days off duty.
2.4 The Superintendent shall base the monthly certification of those members who are eligible for receipt of the monthly supplement set forth in subsection 2.2 of this rule upon personal knowledge and/or individual monthly activity reports.
81CSR1
Series 02 Cadet Selection
W. Va. Code R. § 81-2-1 General
1.1. Scope. -- This rule establishes and explains the process and qualifications involved in Cadet selection for the State Police including, but not limited to, physical standards, medical standards, testing procedures, background investigations, and oral interview boards.
1.2. Authority. -- W. Va. Code §15-2-25.
1.3. Filing Date. -- April 11, 2025.
1.4. Effective Date. -- April 11, 2025.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.
W. Va. Code R. § 81-2-2 General Rules of Cadet Selection
2.1. The Superintendent shall establish within the State Police a Cadet Selection Board which shall consist of five members and be representative of commissioned and non-commissioned officers within the State Police.
2.2. Preference in making appointments shall be given whenever possible to honorably discharged members of the armed forces of the United States and to residents of West Virginia pursuant to W. Va. Code §15-2-7(c). A resident is a person either, (a) is currently domiciled in West Virginia and has been domiciled in West Virginia for the previous two years, or (b) was born in the state of West Virginia.
2.3. The State Police will accept and retain applications from those applicants who have reached their 18th birthday and the Superintendent will not appoint an applicant to the position of state police officer until they attain the age of 18 years.
2.4. The State Police may establish cut-off dates for application submission based on position availability, funding, and other factors.
2.5. Each applicant for employment shall be a person of sound constitution and good moral character.
2.6. Each member appointed to the position of state police officer shall be domiciled in the State of West Virginia during the time they serve as a member of the State Police, and may be subject to involuntary transfer of duty stations anywhere in the State at the discretion of the Superintendent.
2.7. Any rank ordered list of applicants may be expired or retained at the discretion of the Superintendent or his or her designee as determined by position availability, funding, and other factors.
2.8. The State Police is an equal opportunity employer.
2.9. Each applicant for employment shall be a person not less than 18 years of age nor more than 39 years of age.
W. Va. Code R. § 81-2-3 Application Stage
3.1. Prospective applicants for Cadet positions may obtain job information and employment applications from any West Virginia State Police detachment or by writing to: West Virginia State Police, Personnel Section, 725 Jefferson Road, South Charleston, West Virginia, 25309-1698. Completed applications must be returned to the Personnel Section for processing.
3.2. The Superintendent and/or the Cadet Selection Board shall reject an applicant for the following:
3.2.1. the applicant is found to lack any of the preliminary requirements established for consideration for the position by statute or otherwise,
3.2.2. the applicant has been convicted of a felony crime,
3.2.3. the applicant has made a false statement of material fact or has misrepresented his or her qualifications in the application or subsequent background investigation,
3.2.4. the applicant has been previously dismissed from any public service for delinquency, misconduct, or other similar cause,
3.2.5. the applicant has used or attempted to use political pressure or bribery to secure an advantage in the selection process or appointment,
3.2.6. the applicant has directly or indirectly obtained information regarding the selection process to which, as an applicant, he or she was not entitled,
3.2.7. the applicant has failed to submit the application correctly or within the prescribed time limits,
3.2.8. the applicant has taken part in the compilation, administration, or correction of any examination used in the selection process,
3.2.9. at least three (3) former employers state that they would not re-employ the applicant, or otherwise indicate that the applicant's services as an employee were unsatisfactory, or that the applicant is lacking in character,
3.2.10. the applicant is not eligible to work in the United States,
3.2.11. the applicant has not possessed a valid driver's license prior to making application,
3.2.12. the applicant has any convictions for a serious traffic offense (e.g. driving while intoxicated, negligent homicide, etc.),
3.2.13. the applicant has any domestic violence convictions,
3.2.14. the State Police detects or discerns, at any stage of the process, any condition or circumstance involving the applicant that may impair the applicant's ability to perform the duties attendant to the position of state police officer.
3.3. The Superintendent and/or Cadet Selection Board may reject an applicant for the following, or other conditions or circumstances:
3.3.1. the applicant has been rejected during any phase of the selection process and the condition or circumstance causing the rejection still exists,
3.3.2. the applicant has any convictions for misdemeanor crimes involving persons or property,
3.3.3. the applicant has any type or method of body art or piercing that would be normally observable while wearing any State Police uniform, or
3.3.4. the applicant has otherwise violated the provisions of this rule.
3.4. The State Police will notify applicants by U. S. Mail or by other means considered expedient by the Personnel Section of the acceptance or rejection of their application.
W. Va. Code R. § 81-2-4 Applicant Screening Initial Stage
4.1. The State Police will notify qualified applicants by U. S. Mail, or by other means considered expedient by the Personnel Section, of the date, time, and location to appear for the initial applicant screening.
4.2. The applicant must successfully complete a series of written examinations and physical ability tests to determine suitability for training.
4.3. The physical ability tests will consist of:
4.3.1. Sit-ups or crunches (Muscular Endurance) - the score is the number of bent-leg sit-ups or crunches performed in one (1) minute.
4.3.2. Push-ups (Upper Body Strength) - the score is the number of conventional push-ups performed in one minute. A conventional push-up is defined as an exercise performed in the prone position by raising and lowering the body with the straightening and bending of the arms, while keeping the back straight and supporting the body on the hands and toes.
4.3.3. One and one-half mile run (Cardiovascular Capacity) - the score is the elapsed time in minutes and seconds required by the applicant to complete the run.
4.3.4. Standards for successful completion of these fitness tests shall be determined by the State Police based on either generally accepted fitness standards or through a study of the fitness level of incumbent State Police members.
4.4. Applicants will be selected based on position availability, funding, and other factors. Selected applicants will be notified by U. S. Mail or other means considered expedient by the Personnel Section, of the date, time, and location to appear for an Oral Interview.
W. Va. Code R. § 81-2-5 Interview Stage
5.1. The applicant shall appear before an Interview Board. The Superintendent or his or her designee may authorize multiple interview boards, each of which shall be staffed by three State Police members.
5.2. Following the Interview Board, the Cadet Selection Board shall compile a list of applicants.
W. Va. Code R. § 81-2-6 Background Investigation Stage
6.1. The Cadet Selection Board shall select applicants from the list compiled following the Interview Board, based on projected or actual position availability and other factors, for a background investigation. Applicants will be notified by U. S. Mail or by other means considered expedient by the Personnel Section whether or not they have been accepted for a background investigation.
6.2. The background investigation shall be assigned for completion to a member of the State Police as a means of determining if the applicant is qualified to be appointed to the position of state police officer. The background investigation may consist of, but not be limited to:
6.2.1. Inquiries into the veracity of responses on the application;
6.2.2. Interviews with references supplied by the applicant, persons familiar with the applicant, and previous employers;
6.2.3. Inquiries into the applicant's criminal, driving, and credit history;
6.2.4. Inquiries into the applicant's military background;
6.2.5. Inquiries regarding civil suits naming the applicant; and
6.2.6. Inquiries into the applicant's educational background and performance.
6.3. Applicants shall submit to a polygraph examination.
6.4. The Cadet Selection Board shall review the background investigations and eliminate those applicants who have conditions and/or circumstances in their backgrounds that meet any of the automatic disqualification criteria, or which indicate that the applicant's ability to perform the duties attendant to the position of state police officer would be impaired.
W. Va. Code R. § 81-2-7 Psychological Assessment Stage
7.1. Selected applicants shall submit to a series of psychological examinations designed to determine each applicant's psychological fitness for duty as a state police officer.
7.2. The examinations shall be evaluated by a licensed clinical psychologist or the equivalent.
7.3. The Cadet Selection Board shall eliminate those applicants whose psychological test profiles reveal that the applicant is not suited for duty as a state police officer.
7.4. Applicants will be notified by U. S. Mail or by other means considered expedient by the Personnel Section of a favorable or unfavorable result on the psychological examinations.
W. Va. Code R. § 81-2-8 Medical Selection Stage
8.1. The remaining applicants shall submit to a medical examination by a licensed physician chosen by, and at the expense of, the State Police.
8.2. The applicant shall complete a comprehensive medical history questionnaire, supplied by the State Police, which will elicit information dealing with the applicant's family health history, current health habits such as smoking, alcohol intake, physical activity, and medications. The questionnaire will also deal with, among other things, primary factors associated with coronary heart disease such as high blood pressure, high blood fat levels, obesity, physical inactivity, etc. The medical examination shall consist of selection criteria aimed at identifying conditions that may potentially exclude an applicant from consideration for appointment to the position of state police officer. The following conditions may be cause to exclude an applicant from consideration for employment, except where specifically noted;
8.2.1. Eyes and Vision
8.2.1.1. Visual Acuity - An applicant's uncorrected distant vision may be equal to but not worse than 20/100 in the weaker eye, and, shall be correctable to better than, or equal to 20/30 (Snellen) in each eye. Means of correction must be worn on the job and must not interfere with proper fitting of a facial mask, e.g. gas mask, riot helmet, or air, or blood borne pathogen masks, etc.
8.2.1.1.a. Far visual acuity shall be at least 20/30 binocular with contact lenses or spectacles. Far visual acuity uncorrected shall be at least 20/100 binocular for wearers of hard contacts or spectacles. Successful long-term soft contact lens wearers (six months without a problem) are not subject to the uncorrected standard.
8.2.1.1.b. Ophthalmological procedures such as radial keratotomy, repair or retinal detachment. Sufficient time (i.e., six months) must have passed to allow stabilization of visual acuity and to ensure that there are no postsurgical complications.
8.2.1.2. Visual Acuity - Color Vision: The applicant must pass a "controlled color discrimination test", e.g. United States Department of Transportation Color Vision Examination.
8.2.1.3. Visual Acuity - Depth Perception: An applicant's depth perception should be sufficient to demonstrate normal stereo depth perception with or without correction to the standard: 80 ARC seconds.
8.2.1.4. The examining physician is to note any other conditions which may interfere with the applicant's ability to perform the duties attendant to the position of state police officer.
8.2.2. Ears and Hearing
8.2.2.1. Hearing Acuity - Using an audiometer, the applicant should have no average loss of 25 or more decibels at the 500, 1000, 2000, and 3000 Hertz (Hz) levels in either ear with no single frequency loss in excess of 40.
8.2.2.2. Acute Otitis Media, Otitis Externa, and Mastoiditis - If the applicant meets Hearing Acuity guidelines and the condition is resolved, then these conditions are non-disqualifying.
8.2.2.3. Any Inner/Middle/Outer Ear Disorder Affecting Equilibrium, e.g. Meniere's Disease - If the applicant has historically had episodes of vertigo, the applicant may require further evaluation.
8.2.3. Nose, Throat, and Mouth
8.2.3.1. Loss of Sense of Smell.
8.2.3.2. Aphonia, Speech Loss or Speech Defects.
8.2.3.3. Abnormalities of the Nose, Throat, or Mouth - If the abnormality does not interfere with the applicant's breathing, or the proper fitting of a gas mask, then the condition is non-excludable.
8.2.4. Peripheral Vascular System
8.2.4.1. Hypertension - An applicant's resting blood pressure should be less than, or equal to, 140 mmHg systolic and 90 mmHg diastolic on three successive readings. (If the applicant has controlled hypertension not exceeding this standard and is on medication with side effect profiles which do not interfere with performance of duty as a state police officer, then the condition may not cause the applicant to be excluded.) The applicant must have a functional and therapeutic cardiac classification no greater than 1A, i.e., Functional Capacity I: Applicants with cardiac disease and no limitation of physical activity. Ordinary physical activity does not cause discomfort. Applicants in this class do not have symptoms of cardiac insufficiency, nor do they experience anginal pain. Therapeutic Classification A: Applicants with cardiac disease whose physical activity need not be restricted.
8.2.4.2. Peripheral Vascular Abnormality - any condition which is severe and/or symptomatic may cause the applicant to be excluded, e.g. arterial insufficiency, deep or superficial vein thrombophlebitis, Reynaud's disease.
8.2.5. Heart and Cardiovascular System
8.2.5.1. Congenital Heart Disease - if the applicant's functional work capacity is unimpaired, then the condition may not cause the applicant to be excluded.
8.2.5.2. Valvular Heart Disease - includes significant valvular insufficiency, significant septal defects (any valve), and prolapsing mitral valve (symptomatic).
8.2.5.3. Coronary Artery Disease.
8.2.5.4. ECG Abnormalities (if associated with organic heart disease) - including but not limited to: WPW Syndrome, ST Depression, Partial or Complete Left Bundle Branch Blocks, 3 Degree A-V Block, Mobitz Type II A-V Blocks, Sinoatrial Block or Sick Sinus Syndrome, Ventricular Extrasystole (frequent - 20/minute with exercise, 10/minute without exercise), Ventricular Tachycardia, Atrial Fibrillation or Flutter, Episodic Supraventricular Tachycardia or Consistent Supraventricular Tachycardia at Rest or Persistent After Exercise Even if Asymptomatic.
8.2.5.5. Angina.
8.2.5.6. Congestive Heart Failure.
8.2.5.7. Cardiomyopathy.
8.2.5.8. Pericarditis, Endocarditis, and Myocarditis.
8.2.6. Respiratory System
8.2.6.1. The applicant's respiratory system must be free of chronically disabling conditions that would interfere with the applicant's ability to perform the duties attendant to the position of state police officer.
8.2.6.2. Infectious or Potentially Infectious Pulmonary Tuberculosis.
8.2.6.3. Chronic Bronchitis.
8.2.6.4. Chronic Obstructive Pulmonary Disease.
8.2.6.5. Emphysema.
8.2.6.6. Restrictive Lung Diseases.
8.2.6.7. Bronchiectasis and Pneumothorax (current or repeated history).
8.2.6.8. Pneumonectomy.
8.2.6.9. Acute Mycotic Diseases - including, but not limited to, Coccidioidomycosis and Histoplasmosis.
8.2.6.10. Acute Pleurisy.
8.2.6.11. Malignant Disease - any condition which may interfere with the applicant's ability to perform the duties attendant to the position of state police officer must be noted.
8.2.7. Gastrointestinal System
8.2.7.1. Colitis - including but not limited to Crohn's Disease, Ulcerative Colitis, Irritable Bowel Syndrome (symptomatic or needing medication), and Bacterial Colitis.
8.2.7.2. Diverticulitis.
8.2.7.3. Esophageal Disorders - including, but not limited to, Esophageal Stricture, Lower Esophageal Ring and Esophageal Spasm. If the applicant's condition is controlled, then the condition is non-disqualifying.
8.2.7.4. Pancreatitis.
8.2.7.5. Gall Bladder Disorders.
8.2.7.6. Active Peptic Ulcers.
8.2.7.7. Symptomatic Inguinal, Umbilical, Ventral, Femoral, or Incisional Hernias.
8.2.7.8. Malignant Disease of the Liver, Gall Bladder, Pancreas, Esophagus, Stomach, Small or Large Bowel, Rectum, or Anus.
8.2.7.9. Gastrointestinal Bleeding.
8.2.7.10. Active or Chronic Hepatitis.
8.2.7.11. Cirrhosis of the Liver.
8.2.7.12. Motility Disorders, e.g. Scleroderma.
If any of the above or gastro-intestinal conditions are controlled, then they may not cause the applicant to be excluded.
8.2.8. Genitourinary System
8.2.8.1. The examining physician is to note any conditions which may interfere with the applicant's ability to perform the duties attendant to the position of state police officer.
8.2.8.2. Pregnancy - the examining physician should record if the applicant is pregnant.
8.2.8.3. Nephrectomy - if an applicant possesses this condition with normal natural renal function, then the condition is non-disqualifying.
8.2.8.4. Acute Nephritis.
8.2.8.5. Nephrotic Syndrome.
8.2.8.6. Acute Renal/Urinary Calculi.
8.2.8.7. Renal Transplant.
8.2.8.8. Renal Failure.
8.2.8.9. Hydrocele and Varicocele (Symptomatic).
8.2.8.10. Malignant Diseases of Bladder, Kidney, Ureter, Cervix, Ovaries, Breasts, Prostate, etc.
8.2.8.11. Active Venereal Diseases.
8.2.8.12 Urinary Tract Infection.
8.2.8.13. Polycystic Kidney Disease.
8.2.8.14. Pelvic Inflammatory Disorders.
8.2.8.15. Endometriosis.
8.2.8.16. Inflammatory Disorders, e.g. prostatitis, orchitis, epididymitis.
8.2.8.17. Scleroderma.
8.2.9. Endocrine and Metabolic Systems.
8.2.9.1. Uncontrolled Thyroid Disease.
8.2.9.2. Diabetes Mellitus - potential excludability requires a case by case assessment by a physician designated by the State Police as to the control of diabetes and presence and severity of symptoms and complications.
8.2.9.3. Adrenal Dysfunction - including, but not limited to, Addison's Disease and Cushing's Disease.
8.2.9.4. Insulin Reactions.
8.2.9.5. Untreated Thyroid Malignancy.
8.2.10. Musculoskeletal System.
8.2.10.1. The examining physician is to note any condition which may interfere with the applicant's ability to perform the duties attendant to the position of state police officer.
8.2.10.2. Disorders that Limit Motor Function.
8.2.10.3. Cervical Spine or Lumbosacral Fusion.
8.2.10.4. Degenerative Cervical or Lumbar Disc Disease (if symptomatic).
8.2.10.5. Extremity Amputation.
8.2.10.6. Osteomyelitis.
8.2.10.7. Muscular Dystrophy.
8.2.10.8. Loss in the Motor Ability from Tendon or Nerve Injury/Surgery - in an area relevant to the applicant's performing the essential tasks of the job.
8.2.10.9. Arthritis - if the applicant possesses this condition with no functional impairment, then the condition is non-excludable.
8.2.10.10. Coordinated Balance.
8.2.10.11. Symptomatic Herniated Disc.
8.2.10.12. Spinal Deviations.
8.2.11. Hematopoietic and Lymphatic Systems
8.2.11.1. Hematopoietic Disorders (including malignancies), e.g. SCD, thalassemia, G6PD, etc.
8.2.11.2. Hemophilia.
8.2.12. Nervous System.
8.2.12.1. The applicant must be free of any disorder which may interfere with performing the duties attendant to the position of state police officer.
8.2.12.2. Seizure Disorder (all types).
8.2.12.3. Cerebral Palsy.
8.2.12.4. Movement Disorders, e.g. Parkinson's.
8.2.12.5. Cerebral Aneurysms.
8.2.12.6. Syncope.
8.2.12.7. Progressive Neurological Diseases - including, but not limited to, Multiple Sclerosis and Huntington's Chorea.
8.2.12.8. Peripheral Nerve Disorder - including, but not limited to, Polyneuritis, Mononeuritis, and Neurofibromatosis.
8.2.12.9. Narcolepsy.
8.2.12.10. Cerebral Vascular Accident.
8.2.12.11. Central Nervous System Infections.
8.2.13. Any condition that requires further evaluation beyond that offered by the State Police's physician shall be conducted at the applicant's expense.
8.3. The Cadet Selection Board may exclude those applicants who, in the opinion of the examining physician, possess any medical condition that would preclude the applicant from performing the duties attendant to the position of state police officer. The Cadet Selection Board shall remove those applicants excluded during the medical screening stage, and present a rank ordered list to the Superintendent.
W. Va. Code R. § 81-2-9 Final Selection Stage
9.1. In conformity to W. Va. Code §15-2-7(b), the Superintendent shall appoint an applicant to the position of state police officer from among the top three names on the current list of eligible applicants until all available positions are filled.
9.2. Those applicants who successfully complete all phases of the selection process, but who are not appointed by the Superintendent due to the unavailability of positions or for any other reason, may be retained on a standing list for no more than 12 months.
81CSR2
81CSR2
Series 03 West Virginia State Police Career Progression System
W. Va. Code R. § 81-3-1 General
1.1. Scope. -- This rule governs the process for all permanent promotions, all non-supervisory reclassifications, all administrative support specialist reclassifications, and all West Virginia State Police Forensic Laboratory reclassifications.
1.2. Authority. -- W. Va. Code §§15-2-5, 15-2-25.
1.3. Filing Date. -- May 13, 2026.
1.4. Effective Date. -- July 1, 2026.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect after August 1, 2036.
W. Va. Code R. § 81-3-2 Definitions
2.1. “Accredited Educational Institution” means an institution of higher learning accredited by 1 of the following: Middle States Association of State Colleges and Schools, New England Association of Schools and Colleges, North Central Association of State Colleges and Schools, Northwest Association of State Colleges and Schools, Southern Association of State Colleges and Schools, Western Association of State Colleges and Schools.
2.2. “Employee” means any employee assigned to the West Virginia State Police Forensic Laboratory (WVSPFL) who is classified as an evidence custodian, forensic technician or forensic scientist; as well as any supervisory employee who is classified as a forensic scientist supervisor.
2.3. “Forensic Laboratory Classification” means the grade or classification awarded to supervisory and non-supervisory employees assigned to the Forensic Laboratory under the West Virginia State Police Forensic Laboratory Classification System.
2.4. “General Knowledge Examination” means a written examination of general questions, relevant to the non-supervisory rank positions.
2.5. “Human Resources Director” means an employee of the State Police, designated by the Superintendent, who is responsible for the activities and operation of the State Police Human Resources Section.
2.6. “In-basket Exercise” means a practical examination that evaluates a candidate’s written communication skills and/or ability to prioritize work and proofread and edit documents relevant to a supervisory rank position.
2.7. “Oral Assessment” means a practical examination that evaluates a candidate’s oral communication skills through a structured interview and evaluation process.
2.8. “Permanent Rank” means that grade awarded to or achieved by a member within the Supervisory Field Promotional System, including the ranks of Sergeant, First Sergeant, Second Lieutenant and First Lieutenant.
2.9. “Petition for Reclassification” means a petition filed with the Promotional Standards Officer or the Human Resources Director, as appropriate, requesting that a member or employee be considered for reclassification.
2.10. “Post-secondary Educational Degree” means a certificate, diploma, or degree from an accredited educational institution affirming the successful completion of a course of study where a baccalaureate (bachelor’s) degree, master’s degree or doctorate degree is awarded for completion of a field of study: Provided, That hours of credit alone do not constitute a post-secondary educational degree. In order to receive credit for a post-secondary educational degree, the member must be awarded a degree by an accredited educational institution.
2.11. “Practical Examination” means an oral assessment or an in-basket evaluation that evaluates the candidate’s ability to perform tasks relevant to a supervisory rank position.
2.12. “Promotional Cycle” means 1 complete series of events required to establish a rank ordered list of eligible promotional candidates within the Supervisory Field Promotional System.
2.13. “Member” means an employee of the State Police empowered under the provisions of W. Va. Code §15-2-12 with statewide law enforcement powers and who has taken and subscribed to the oath of office as required by W. Va. Code §15-2-14.
2.14. “Non-supervisory Rank” means the grade awarded to or achieved by a member within the Non-supervisory Rank Classification System, including the classifications of Trooper, Senior Trooper, Trooper First Class and Corporal.
2.15. “Request For Promotional Consideration” means a form filed with the Promotional Standards Officer expressing a member's intent to participate in a promotional cycle and listing those field operations positions that the member is willing to accept promotion.
2.16. “Senior Staff” means the 19 principle supervisory positions appointed by the Superintendent as authorized by W. Va. Code §15-2-4.
2.17. “Superintendent” means the Superintendent of the West Virginia State Police or his or her duly authorized agent.
2.18. “Support Specialist” means the temporary grade awarded to or achieved by a member within the Administrative Support Specialist Classification System, including the classifications of Support Specialist I-VIII. This temporary grade has no affect upon a member's permanent rank or non-supervisory rank classification.
2.19. “Time-In-Grade” means the period of time a member has held their present rank.
2.20. “Written Examination” means a series of multiple choice, true or false, or similar questions that evaluates a candidate’s knowledge of policies, procedures and other directives relevant to a supervisory rank position.
W. Va. Code R. § 81-3-3 Career Progression System -- General Requirements
3.1. This rule is promulgated for the purpose of ensuring consistency, predictability and review of the West Virginia State Police Career Progression System as authorized by W. Va. Code §15-2-5.
3.2. The career progression system consists of the following 4 sub-systems:
3.2.1. The Supervisory Field Promotional System, a permanent rank system established to rank those members of the field operations force who desire to perform within designated supervisory positions within the field operations force and to provide a mechanism for the ranking and selection of individuals for promotion;
3.2.2. The Non-Supervisory Rank Classification System, a permanent classification system established to identify those members of the field operations force that meet minimum required levels in demonstrated job knowledge and Department tenure and to provide a series of progressive non-supervisory rank classifications for members who meet the minimum requirements;
3.2.3. The Administrative Support Specialist Classification System, a temporary classification system, established to identify those members who are permanently assigned to the field operations force or the forensic laboratory, who are designated by the Superintendent to occupy specific support positions and who have demonstrated proficiency in performing the duties and responsibilities of the support position and to provide a series of progressive administrative classifications; and
3.2.4. The West Virginia State Police Forensic Laboratory Classification System, a permanent classification system established to identify those employees of the West Virginia State Police Forensic Laboratory who meet minimum required levels in demonstrated job knowledge and laboratory tenure, and who receive the recommendation for advancement from appropriate supervisors and to provide a series of progressive classifications.
3.3. The Superintendent shall appoint a member to the position of Promotional Standards Officer who has the authority and responsibility for administering the Career Progression System. He or she shall:
3.3.1. Maintain files for every member within the system;
3.3.2. Provide notice as required on behalf of the Superintendent or any system board;
3.3.3. Receive all requests for promotional consideration, petitions for reclassification and petitions of justification on behalf of the Superintendent or any system board;
3.3.4. Review any candidate challenges to written examination questions;
3.3.5. Coordinate of the activities of all Career Progression System sub-systems; and
3.3.6. Provide direct contact to all Department members concerning the Career Progression System.
3.4. The Superintendent shall provide each member and each employee assigned to the West Virginia State Police Forensic Laboratory with a written manual governing the specific procedures for evaluating and testing members or employees for promotion or reclassification.
3.5. Basic eligibility requirements for participation in the Supervisory Field Promotional System, the Non-Supervisory Rank Classification System, and the Administrative Support Specialist Classification System include:
3.5.1. Achievement of the required rank or classification as defined in this rule;
3.5.2. Achievement by the member of a minimum score of 75 percent on the most recent General Knowledge examination completed by all members required to take the examination;
3.5.3. Achievement by the member of a minimum score of 75 percent on the most recent firearms qualification examination completed by all members during annual in-service training; and
3.5.4. Achievement by the member of a final rating of “Meets Expectations” or higher final rating for the most recent Employee Performance Appraisal evaluation.
3.6. In addition to the requirements set forth in subsection 3.5. of this rule, members in the Non-Supervisory Rank Classification System and the Administrative Support Specialist Classification System must successfully complete the semi-annual physical fitness test in accordance with the provisions of this rule.
3.7. The Promotional Standards Officer may establish minimum or maximum advance notification limits for the submission of requests for promotional consideration or petitions for reclassification.
W. Va. Code R. § 81-3-4 Permanent Rank Promotions
4.1. Eligibility Requirements.
4.1.1. Participation in the Supervisory Field Promotional System is restricted to those members who have achieved and hold the permanent classification or rank of Trooper First Class, Corporal, Sergeant, First Sergeant or Second Lieutenant when new promotional cycles are initiated by the Superintendent. If the Superintendent initiates a promotional cycle pursuant to this section, the member must meet all of the applicable eligibility requirements set forth in this rule in order to participate in any phase of the cycle as of the first day of the month following the initiation of the cycle.
4.1.1.a. Members holding the rank of Trooper First Class, having completed 7 years’ service, or Corporals may request promotion to the rank of Sergeant.
4.1.1.b. Non-probationary Sergeants, who have at least 1 year in the present rank, may request promotion to the rank of First Sergeant.
4.1.1.c. Non-probationary First Sergeants may request promotion to the rank of Second or First Lieutenant.
4.1.1.d. Non-probationary Second Lieutenants may request promotion to the rank of First Lieutenant.
4.1.2. To participate in the Supervisory Field Promotional System, the member will meet the basic eligibility requirements as required by subsection 3.5. and subdivision 4.1.a. of this rule.
4.1.3. The Promotional Standards Officer shall notify all members of the requisite rank or classification when a promotional cycle has been initiated and shall provide to those members forms to request promotional consideration. Members on permanent rank probation or members who do not meet the provisions of subsection 3.5. and subdivision 4.1.a. of this rule are not eligible to receive notification of or participate in the promotional cycle.
4.2. Composite Score.
4.2.1. Members who participate in the Supervisory Field Promotional System will receive a composite score as determined by a competitive process including both written and practical examinations, as well as the member's State Police tenure, educational background, physical fitness test and time-in-grade.
4.2.2. The maximum attainable composite score for First Sergeant and Lieutenant candidates is 111.0 points. The maximum attainable composite score for Sergeant candidates is 109.0 points with the determination of points made as follows:
4.2.2.a. Written examination -- The member may receive up to 40 points for the written examination, which will consist of no less than 40 written questions.
4.2.2.b. Practical examination -- The member may receive up to 15 points for an oral assessment and may receive up to 10 points for an in-basket exercise, not to exceed 25 cumulative points.
4.2.2.c. Longevity -- The member will receive .0833 point, not to exceed 20 points for each month of service from 61 to 300 months, inclusive.
4.2.2.d. Education -- The member will receive .075 point, not to exceed 8 points, for each certified college semester hour or each 5 cumulative days of successfully completed schools authorized or sanctioned by Department Special Order. A member will receive additional points for completion of a post-secondary educational degree as follows: bachelor’s degree - 1 point; master’s degree - 1 ½ points; doctorate - 2 points. Points for educational degrees are not cumulative and multiple degrees will not earn additional points. The cumulative points awarded for education may not exceed 10.
4.2.2.e. Physical fitness test -- The member will receive 0.5 points, not to exceed a total of 6.0 points, for each section of the semi-annual physical fitness test passed by the member during the 2-year period prior to the initiation of the promotional cycle. Medical deferrals and waivers will not be recognized. Points for the physical fitness test will only be awarded to those members who successfully complete the individual sections of the assessment.
4.2.2.e.1. Members on military leave during these semi-annual tests will be given the physical fitness test within 30 days following the completion of the absence to be awarded the applicable promotional points. If a member misses more than 1 physical fitness test while on military leave, the score for the physical fitness test taken within the 30-day time period will be used for all physical fitness tests missed.
4.2.2.e.2. Members who have been off of work due to medical leave and members who have been working in alternate duty status during these semi-annual tests will be given the physical fitness test within 30 days following being released to return to full duty status without any medical restrictions. If a member misses more than 1 physical fitness test while off of work due to medical leave or working in alternate duty status, the score for the physical fitness test taken within the 30-day time period following being released to return to full duty status without any medical restrictions will be used for all physical fitness tests missed.
4.2.2.f. Time in Grade -- First Sergeant and Lieutenant candidates will receive .0416 point, not to exceed 7 points for each month of service in their current rank from 13 to 180 months, inclusive.
4.2.2.g. Firearms Qualification -- The member will receive up to 1.5 points per year, not to exceed a total of 3.0 points for a 2-year period, based upon the member’s score during firearms qualification during the 2 most recent annual in-service training sessions.
4.2.2.h. Field Training Officer -- Members who commit to serve as a Field Training Officer for a 2-year period will receive 0.5 points annually, accruing on December 31st of each calendar year, not to exceed 5 points.
4.3. Initiation of promotional cycle.
4.3.1. The Superintendent may initiate a promotional cycle when 1 or more of the following conditions exist:
4.3.1.a. An insufficient number of candidates remain on a current promotional list to fill supervisory vacancies;
4.3.1.b. A number of members, equal to or greater than 10% of the number remaining on the current list, reach a tenure requirement that would permit their participation in the Supervisory Field Promotional System; or
4.3.1.c. The current promotional list has been active for at least 12 calendar months.
4.3.2. Beginning on January 1, 2012, and every 2 years thereafter on January 1st, the Superintendent shall initiate a promotional cycle for the ranks of Sergeant, First Sergeant, and Lieutenant.
4.4. Selection and review board and its duties.
4.4.1 The selection and review board consists of 6 voting members and a chairperson who will only vote in cases of tie.
4.4.1.a. The board will meet at the direction of the Superintendent.
4.4.1.b. The voting members shall be 2 members of the Non-supervisory Rank Classification System and 1 member of each of the supervisory ranks of Sergeant and First Sergeant. These members shall be drawn by blind lot by the Superintendent or a member of the Senior Staff from a list of members of the applicable classification or supervisory rank determined by the Superintendent to be eligible to participate in the Supervisory Field Promotional System. The voting members shall also include 2 members of the First or Second Lieutenant rank who will be drawn from a list of all Lieutenants in the Department.
4.4.1.c. Each voting member has equal voting privileges, and all actions of the board shall be by majority decision.
4.4.1.d. The Superintendent shall appoint the board chair from the Senior Staff.
4.4.1.e. A member who is selected for inclusion on this board may not vote on any issue of his or her personal promotion, and any member so affected will be recused from any deliberations concerning that issue.
4.4.1.f. The voting members of this board shall serve a minimum term of 12 consecutive months unless the member is unable to serve due to illness, injury, promotion, demotion, suspension, or other cause.
4.4.1.g. In instances where a member cannot fulfill the original term of the board, the Superintendent shall appoint another member of equal rank or classification to fulfill the term.
4.4.1.h. Prior to assuming the duties of the board, the Superintendent shall administer the following oath to each member:
"I, _________, do solemnly swear (or affirm) that I will, without prejudice or partiality, perform the duties hereby imposed upon me as a member of this board."
4.4.1.i. Upon request of the board, the Human Resources Director or other person designated by the Superintendent shall provide specific information concerning an individual member's personnel records necessary for determining promotional scores or eligibility.
4.4.2 Duties.
4.4.2.a. The board has responsibility for reviewing the eligibility of applicants for promotion, determining individual promotional category scores, reviewing all supervisory recommendations and non-recommendations and determining individual positions of applicants on the rank ordered promotional list.
4.4.2.b. The board shall communicate with the reclassification boards within the Career Progression System and shall present annually to the Superintendent a review of the Career Progression System listing identified problems with suggestions for corrective action.
4.4.2.c. Following the board's evaluation of applicant members' eligibility for supervisory rank promotions, the board will individually transmit to every affected member the results of his or her individual eligibility review. The transmittals will be made following the review of the initial eligibility requirements with a second transmittal following the completion of the competitive testing procedures.
4.5. Rank ordered promotional list.
4.5.1 Members participating in the Supervisory Field Promotional System will be rank ordered on a promotional list according to the member's composite score as established under subsection 4.2. of this rule.
4.5.2 The selection and review board shall submit to the Superintendent the rank ordered promotional list of members eligible for supervisory promotion.
4.5.3 Identical composite scores and tiebreakers.
4.5.3.a. If 2 members requesting consideration for promotion to the rank of Sergeant achieve identical composite scores, longevity shall be used as a tiebreaker. If all factors are identical, members shall be ranked according to their score on the written examination.
4.5.3.b. If 2 members requesting consideration for promotion to a position with a designated rank of First Sergeant or Second Lieutenant achieve identical composite scores, time-in-grade and then longevity shall be used as the tiebreaker. If all factors are identical, members shall be ranked according to their score on the written examination.
4.5.3.c. If 2 members requesting consideration for promotion to a position with a designated rank of First Lieutenant achieve identical composite scores, any Second Lieutenant shall be ranked ahead of any First Sergeant, then time-in-grade and then longevity shall be used as the tiebreaker. If all factors are identical, members shall be ranked according to their score on the written examination.
4.5.4. The rank ordered promotional list shall be affirmed as follows:
"The selection and review board, acting under oath, recommends the members named on the attached rank ordered promotional list be considered for promotion to the indicated rank."
4.5.5. The Superintendent shall file the rank ordered promotional list. The filed rank ordered promotional list shall not expire until a new rank ordered list is created as provided in this rule.
4.6. Selection for promotion.
4.6.1 In order to be promoted, a member shall indicate on a form provided by the Promotional Standards Officer that he or she is willing to be assigned or transferred to specific field operations positions.
4.6.2. The Superintendent shall make promotions within the State Police when there is a vacant supervisory field position. When making promotions, the Superintendent shall select a member from the rank ordered promotional list, as certified by the selection and review board, whose final composite score is equal to or higher than the final composite score of the third highest-ranking member who has indicated that he or she is willing to accept a promotion to the specified vacancy.
4.6.3. Any member selected for and who accepted a permanent rank promotion shall successfully complete a required 6-month probationary period. The Superintendent may extend the probationary period. Probationary members are not eligible to participate in any promotional cycle until non-probationary status is granted.
W. Va. Code R. § 81-3-5 Non-Supervisory Rank Reclassifications
5.1. Eligibility requirements.
5.1.1 All members permanently assigned to the field operations force and who have completed the basic State Police entry-level training program are eligible for participation in the Non-supervisory Rank Classification System and will be classified as Troopers following receipt of a field assignment.
5.1.2. To participate in the Non-Supervisory Rank Classification System, the member shall meet the basic eligibility requirements as required by subsection 3.5. of this rule.
5.1.3. In addition to the provisions of subdivision 5.1.2. of this rule, members in the Non-Supervisory Rank Classification System who hold the rank of Trooper, Senior Trooper and Trooper First Class must successfully complete each component of the semi-annual physical fitness test with a passing score on each of the 3 components during 4 of the 6 most recent tests offered prior to the date of reclassification.
5.1.4. The Non-supervisory Rank Reclassification Board shall automatically consider a member’s eligibility for reclassification upon completion of the following cumulative years of service to the Department, provided the member has not received a reduction in classification or reclassification denial:
5.1.4.a. Senior Trooper - 3 years.
5.1.4.b. Trooper First Class - 6 years.
5.1.4.c. Corporal - 9 years.
5.1.5. A member who receives a reduction in classification or reclassification denial shall file a petition for reclassification with the Promotional Standards Officer.
5.1.6. The Superintendent shall reclassify members participating within the Non-supervisory Rank Classification System who meet or exceed the minimum established reclassification and tenure requirements.
5.2. Non-supervisory Rank Reclassification Board and its duties.
5.2.1. The Non-supervisory Rank Reclassification Board consists of 5 voting members.
5.2.1.a. The board shall meet at the direction of the Superintendent.
5.2.1.b. The board members shall be 2 members of the Senior Staff as selected by the Superintendent, the Human Resources Director, and 2 members and 2 alternates drawn by blind lot by the Superintendent. 1 member and 1 alternate shall be drawn by the Superintendent from the commissioned ranks of First Lieutenant and Second Lieutenant and 1 member and 1 alternate shall be drawn by the Superintendent from the non-commissioned officer ranks of First Sergeant and Sergeant. If the Human Resources Director is unavailable to serve or if the position of Human Resources Director is eliminated, the Superintendent shall select a member to occupy that board position.
5.2.1.c. Each board member has equal voting privileges, and all actions of the reclassification board shall be by majority decision.
5.2.1.d. The most senior highest-ranking officer shall serve as chairperson.
5.2.1.e. In instances where a board member drawn from the commissioned or non-commissioned officer ranks is within a candidate's direct supervisory chain, that board member shall be recused and replaced by an alternate during the affected candidate's review.
5.2.1.f. The members of the board, except the Human Resources Director, who shall be a permanent member, shall serve a minimum term of 12 consecutive months unless a member is unable to serve due to illness, injury, promotion, demotion, suspension, or other cause.
5.2.1.g. The alternate shall fulfill the term in all instances where a member cannot fulfill the original term of the board.
5.2.1.h. Prior to assuming the duties of the reclassification board, the Superintendent shall administer the following oath to each member:
"I, ______, do solemnly swear (or affirm) that I will, without prejudice or partiality, perform the duties hereby imposed upon me as a member of this board."
5.2.2. Duties.
5.2.2.a. The reclassification board shall verify a member's eligibility in the areas of longevity, Employee Performance Appraisal, and General Knowledge examination.
5.2.2.b. The reclassification board shall review all petitions for reclassification and shall determine eligibility.
5.2.2.c. The Promotional Standard Officer shall individually transmit to every affected member the results of individual eligibility and petition reviews.
5.2.2.d. The reclassification board shall identify deficiencies in the Non-supervisory Rank Classification System and communicate these deficiencies with suggestions for remedial action to the selection and review board of the Supervisory Field Promotional System.
5.3. Reclassification recommendations.
5.3.1. Upon verifying a member's eligibility, the reclassification board shall submit to the Superintendent a recommendation for reclassification.
5.3.2. The reclassification recommendation shall be affirmed as follows:
"The reclassification board, acting under oath, finds, by majority decision, that the members named on the attached list have met or exceeded the minimum eligibility requirements for reclassification to the non-supervisory rank indicated and recommends said members be reclassified to the indicated non-supervisory rank."
5.3.3. The Superintendent shall file the affirmation and maintain it for a minimum period of 1 year.
W. Va. Code R. § 81-3-6 Administrative Support Specialist Reclassifications
6.1. Eligibility requirements.
6.1.1. All members assigned to Support Specialist positions are eligible for participation in the Administrative Support Specialist Classification System, provided the members have successfully completed a 1-year probationary period within a specific Support Specialist position.
6.1.2. A member may not advance within the Administrative Support Specialist Classification System to a level that exceeds the maximum classification level established for that position by the Superintendent.
6.1.3. A member may file a petition for reclassification to the next applicable classification level following each 24 months of continuous service as a Support Specialist, or when a member receives a promotion or reclassification by virtue of participation in the Supervisory Field Promotional or Non-Supervisory Rank Classification Systems.
6.1.4. A member requesting reclassification shall submit a petition for reclassification to the Support Specialist Reclassification Board on the form required by the Superintendent.
6.1.5. A member requesting reclassification shall meet the basic eligibility requirement as required by subsection 3.5. of this rule.
6.1.6. In addition to the provisions of subdivision 6.1.e., members assigned as Support Specialists who are appointed as Support Specialist I through IV must successfully complete each component of the semi-annual physical fitness test with a passing score on each of the 3 components during 2 of the 4 most recent tests offered prior to the date of their request for reclassification.
6.1.7. A member who is denied reclassification or promotional eligibility within the member's permanent career progression system is not eligible for reclassification within the Administrative Support Specialist Classification System until the member achieves eligibility within the permanent system.
6.1.8. A member who receives a reduction in classification or reclassification denial shall re-file a petition for reclassification.
6.2. Administrative Support Specialist Reclassification Board and its duties.
6.2.1. The Administrative Support Specialist Reclassification Board consists of 5 voting members.
6.2.1.a. The board shall meet, at the direction of the Superintendent, following a reclassification request by a member of the administrative support specialist system.
6.2.1.b. The board members shall be 3 members of the Senior Staff as selected by the Superintendent, the most senior ranking officer assigned to the training academy, and the Human Resources Director.
6.2.1.c. If the Human Resources Director submits a petition for reclassification or is otherwise unavailable to serve, or if the position of Human Resources Director is vacant or eliminated, the Superintendent shall select a member to occupy that board position.
6.2.1.d. Each board member has equal voting privileges, and all actions of the reclassification board shall be by majority decision.
6.2.1.e. The most senior highest-ranking officer shall serve as chair.
6.2.1.f. The members of the board selected by the Superintendent shall serve a minimum term of 12 consecutive months unless a member is unable to serve due to illness, injury, promotion, demotion, suspension, or other cause.
6.2.1.g. In all instances where a board member cannot fulfill the original term of the board, the Superintendent shall appoint a member of the Senior Staff or a member of the Administrative Support Specialist Classification System to fulfill the term.
6.2.1.h. Prior to assuming the duties of the reclassification board, the Superintendent shall administer the following oath to each member:
"I, _________, do solemnly swear (or affirm) that I will, without prejudice or partiality, perform the duties hereby imposed upon me as a member of this board."
6.2.2. Duties.
6.2.2.a. The reclassification board shall verify a member's eligibility in the areas of support specialist tenure, General Knowledge examination score, and supervisory recommendations.
6.2.2.b. The reclassification board shall review all petitions for reclassification and shall determine eligibility.
6.2.2.c. The Promotional Standard Officer shall individually transmit to every affected member the results of individual eligibility and petition reviews.
6.2.2.d. The reclassification board shall identify deficiencies in the Administrative Support Specialist Classification System and communicate these deficiencies, with suggestions for remedial action, to the selection and review board of the Supervisory Field Promotional System.
6.3. Reclassification recommendations.
6.3.1. Upon verifying a member's eligibility, the reclassification board shall submit to the Superintendent a recommendation for reclassification.
6.3.2. The reclassification recommendation shall be affirmed as follows:
"The reclassification board, acting under oath and having considered the individual members requesting reclassification, finds, by majority decision, that the members named on the attached recommendation have met the eligibility requirements for reclassification to the Support Specialist classification indicated and recommends said members be reclassified to the indicated Support Specialist classification.
6.3.3. The Superintendent shall file the affirmation and maintain it for a minimum period of 1 year.
W. Va. Code R. § 81-3-7 West Virginia State Police Forensic Laboratory Classification System
7.1. Eligibility requirements.
7.1.1. Certain employees assigned to the West Virginia State Police Forensic Laboratory are eligible for participation in the West Virginia State Police Forensic Laboratory Classification System.
7.1.2. To participate in the West Virginia State Police Forensic Laboratory Classification System, the employee shall meet basic eligibility requirements, and the employee shall receive the recommendation for reclassification from each applicable supervisory level as determined by the reclassification board.
7.1.3. Certain employees within the West Virginia State Police Forensic Laboratory are eligible for entry and advancement with the West Virginia State Police Forensic Laboratory Classification System. The classification structure and movement within is summarized in this section and detailed within a manual approved by the Superintendent and made available to West Virginia State Police Forensic Laboratory employees.
7.1.3.a. Evidence Custodians (EC) are classified into 4 categories: EC 1, EC 2, EC 3, and EC 4. Movement within and between the EC classifications is determined by time in position and successful tenure in position.
7.1.3.b. Forensic Technicians (FT) are classified into 3 categories: FT 1, FT 2, FT 3. Movement within and between the FT classifications is determined by time in position and successful tenure in position.
7.1.3.c. Forensic Scientists (FS) are classified into 6 categories: FS 1, FS 2, FS 3, FS 4, FS 5, FS 6. Movement within and between FS classifications is determined by time in position, successful tenure in position and attainment of requirements for next classification opportunity (relevant certification, professional and leadership development, etc.)
7.1.3.d. Forensic Scientist Supervisors (FSS) are classified into 4 categories: FSS 1, FSS 2, FSS 3, FSS 4. Movement within and between FSS classifications is determined by time in position, successful tenure in position and attainment of requirements for next classification opportunity (relevant certification, professional and leadership development, etc.)
7.1.4. The Superintendent shall reclassify employees participating within the West Virginia State Police Forensic Laboratory Classification System who meet or exceed the minimum established reclassification and tenure requirements.
7.2. West Virginia State Police Forensic Laboratory Reclassification Board and its duties.
7.2.1. The West Virginia State Police Forensic Laboratory Reclassification Board is created and shall consist of 5 voting members.
7.2.1.a. The board shall meet, at the direction of the Superintendent, to review all associated documentation following a reclassification request by an employee in the West Virginia State Police Forensic Laboratory Classification System.
7.2.1.b. The board members shall include the Senior Staff officer in charge of the West Virginia State Police Forensic Laboratory, the Director of the West Virginia State Police Forensic Laboratory, the Human Resources Director, the supervisor of the applicable section, and an additional staff member. If a board member is unavailable to serve or if 1 of the positions are vacant or eliminated, the Superintendent, or his or her designee, shall select a member or members to occupy the vacancies.
7.2.1.c. The direct supervisor of the employee requesting the reclassification shall review the applicant’s request and all associated documentation and forward that information to members of the board for review and approval or denial.
7.2.1.d. In instances where a board member has a conflict of interest with a reclassification request, that board member shall be recused at the direction of the Superintendent, and the board member shall be replaced by an alternate during the affected candidate's review. The Superintendent shall name the alternate board member.
7.2.2. Duties.
7.2.2.a. The reclassification board shall review all requests for reclassification and shall determine eligibility.
7.2.3. Reclassification recommendations.
7.2.3.a. Upon verifying an employee’s eligibility, the reclassification board shall submit to the Superintendent a recommendation for reclassification. Upon approval, the Human Resources Director shall implement the reclassification upon date of eligibility.
W. Va. Code R. § 81-3-8 Career Progression Review Committee and its Duties
8.1. The Career Progression Review Committee consists of 6 members.
8.2. The committee shall meet annually at the direction of the Superintendent.
8.3. The committee members shall consist of 2 members chosen by the Superintendent, 2 members chosen by the trade or professional organization that has the largest number of members of the State Police within its membership, and 2 members selected by blind lot from the entire membership of the State Police.
8.4. Each member of the committee has equal voting privileges, and all actions of the committee shall be by majority decision.
8.5. The committee members shall serve a minimum of 12 consecutive months unless a member is unable to serve due to illness, injury, or other cause.
8.6. In instances where a member cannot fulfill his or her original term on the committee, that member shall be replaced by another member in accordance with subsection 8.3. of this rule.
8.7. Duties.
8.7.1. The committee shall review, evaluate, and coordinate any recommendations for system improvements received from any source.
8.7.2. The Superintendent shall solicit from the committee a written review of the West Virginia State Police Career Progression System, including any operational policy and procedures, to be completed once every 12 months. The review shall identify specific problems with the system's procedures and shall include recommendations for remedial action.
8.8. The West Virginia State Police Forensic Laboratory Classification System Review Committee (composed of members of the West Virginia State Police Forensic Laboratory Reclassification Board or their designees) shall review, evaluate, and make recommendations to the Laboratory Director for system improvements. The Laboratory Director shall forward to the Superintendent, or his or her designee, any recommended substantive revisions to the system for approval.
Series 04 Modified Vehicle Inspections
W. Va. Code R. § 81-4-1 General
1.1. Scope. -- This rule governs and specifies the inspection procedures for vehicles with modified suspension systems.
1.2. Authority. -- W. Va. Code §17C-15-48(i).
1.3. Filing Date. -- May 5, 2023.
1.4. Effective Date. -- May 5, 2023.
1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.
W. Va. Code R. § 81-4-2 General Requirements
2.1. Any vehicle operated upon a public highway with a gross vehicle weight rating of less than 10,000 pounds which has been altered from the original manufacturer's specifications or configuration by the installation of a suspension lift kit, body lift kit, or tires which are three (3) sizes or more above the maximum size recommended by the manufacturer must undergo a modified vehicle inspection.
2.2. Upon the submission of a completed application, the Superintendent of the West Virginia State Police may grant certified inspection stations the authority to perform modified vehicle inspection in accordance with this section.
2.2.1. To the extent that at least two (2) qualified applicants are available, each county shall have a minimum of two (2) modified vehicle inspection stations.
2.2.2. To the extent that at least a minimum number of qualified applicants are available, each county shall have one (1) modified vehicle inspection state for every four thousand (4,000) registered vehicles within that county.
2.2.2.1. The Superintendent first shall allocate the number of modified vehicle inspection stations based upon the geographic location of the certified inspection stations submitting applications to ensure accessibility of modified vehicle inspection stations throughout a county.
2.2.2.2. If the number of qualified applicants exceeds the number of modified vehicle stations allotted to a particular county, the Superintendent shall grant authority to perform modified vehicle inspections first based upon geographic location to ensure accessibility of modified vehicle inspection stations throughout the county. The remainder of qualified applicants will be randomly selected by the Superintendent or his/her designee.
2.2.3. In order to be qualified to be a modified vehicle inspection station, a certified inspection station must continue to meet the following minimum standards:
2.2.3.1. The certified inspection station must have been a certified inspection station for the three (3) consecutive years immediately preceding the submission of the application.
2.2.3.2. The certified inspection station must not have been suspended by the West Virginia State Police from performing inspections for the three (3) consecutive years immediately preceding the submission of the application.
2.2.3.3. The certified inspection station must have one (1) licensed inspector mechanic.
2.2.3.4. The certified inspection station must be at least a certified one-car inspection station.
2.2.3.5. Each licensed inspector mechanic who will be performing modified vehicle inspections must have a minimum of three (3) years experience as an inspector mechanic and may not have been suspended by the West Virginia State Police.
2.2.4. The Superintendent may certify additional modified vehicle inspection stations to operate in any particular county if the Superintendent determines that the number of modified vehicle inspection stations in a particular county is insufficient to meet the demand for modified vehicle inspections.
2.2.5. For purposes of this section, a completed application shall consist of a signed application demonstrating the criteria contained in section 2.2.3 of this rule. Application forms will be prescribed by the Superintendent.
2.3. Inspector mechanics will follow the same preliminary guidelines in inspecting modified vehicles, i.e., proof of insurance and ownership, etc.
2.4. Upon examination of the insurance card and ownership forms, the standard modified vehicle inspection certificate will be removed.
2.5. The inspector mechanic will then conduct a regular state inspection and also inspect those areas as outlined in the Modified Vehicle Inspection Requirements.
2.5.1. If the vehicle fails to pass either the regular vehicle inspection or the modified vehicle inspection requirements, the inspector mechanic will place a rejection sticker on the vehicle in accordance with the already prescribed standards.
2.5.2. If the vehicle passes all requirements, a modified vehicle inspection emblem will be placed on the vehicle.
2.6. The modified vehicle inspection emblem will be the only inspection emblem required on these vehicles.
2.7. These emblems will be completed on the back by the inspector mechanic, with the appropriate inserts applied and placed in the lower left (driver's side) corner of the windshield, much the same as the original inspection certificate.
2.8. All inspections will be logged on a modified vehicle inspection record.
2.8.1. Upon completion of the modified vehicle inspection record, the original and all copies will be handled the same as with the standard inspection forms.
2.9. Modified vehicle inspection emblems will be requisitioned from the West Virginia State Police, Traffic Records Section, as per established rules (Modified Inspection Manual) on the appropriate requisition form. Requisition form will be supplied by the West Virginia State Police Traffic Records Section.
2.10. Charges for the modified vehicle inspection shall be $25.00 plus tax.
2.11. Where these rules are silent, inspectors are directed to refer back to the provisions of the West Virginia State Police Inspection Manual for standard vehicle inspection.
W. Va. Code R. § 81-4-3 Modified Vehicle Inspection Definitions
3.1. Constant Velocity or C. V. Joint -- means the part of the drive axle shaft which allows for the application of torque and the turning of the wheels simultaneously on front wheel drive vehicles.
3.2. F.M.V.S.S. -- means Federal Motor Vehicle Safety Standard.
3.3. Modified Vehicle -- means a vehicle which has been altered in altitude from the manufacturer's original height.
3.4. "OEM" or Original Equipment Manufacturer -- means a part or component of the vehicle which is identical to the part or component on the original vehicle and is supplied by the recognized manufacturer of the original vehicle.
3.5. "OER" or Original Equipment Replacement -- means a vehicle part or component which performs the identical function as the part or component of the original vehicle but is supplied by a manufacturer other than the recognized manufacturer of the original vehicle.
3.6. "OREP" or Original Replacement Essential Part -- means any part or component of a vehicle which is:
3.6.1. Identical in fact or in performance to any part or component offered as an option for that vehicle by the original manufacturer of the vehicle when new;
3.6.2. Essential for the safe operation of the vehicle; and
3.6.3. Purchasable through auto parts store or dealerships of the original vehicle manufacturer.
Examples include, but are not limited to, parts and components of a vehicle's engine, transmission, differential, steering system, suspension system, exhaust system, intake system, body parts or lamps and reflectors. A part or component which may alter the performance of a vehicle or may inherently affect adversely the safety or structural integrity of a vehicle, its occupants, or surrounding vehicles or individuals, unless specifically excepted in this rule, shall not be an original replacement essential part.
3.7. Recognized Motor Vehicle Manufacturer means a person engaged in the business of manufacturing or assembling motor vehicles who has filed an identification statement with the U.S. Department of Transportation and is applying certification tags to the vehicles being manufactured in accordance with Part 567 of Title 49, The Code of Federal Regulations.
3.8. SAE -- means Society of Automotive Engineers.
3.9. Shock Absorber -- means a Generic Term which is commonly applied to hydraulic or pneumatic mechanisms used for the purpose of damping or suppressing oscillatory motion of vehicle bodies.
3.10. Split Service Brake System -- means a brake system consisting of two (2) or more sub-systems actuated by a single control design so that a leakage-type failure of a pressure component in a single sub-system (except structural failure of a housing that is common to two (2) or more sub-systems) will not impair the operations of any other sub-system.
3.11. Steering System -- means the assembly of mechanical, structural, pneumatic or hydraulic components which allow for movement of the vehicle to the right or left.
3.12. Suspension System -- means the assembly of mechanical, structural, pneumatic or hydraulic members which provides a flexible support between the ground or roadway and the engine, load and passenger carrying structure of the vehicle.
3.13. Wheel Base -- means the distance in inches from the center of the front wheel to the center of the rear wheel as measured in a straight line from the front to rear wheel of the same side of the vehicle. Whenever referred to within these regulations, wheel base will be the original manufacturer's specifications with no modification.
3.14. Wheel Track -- means the distance in inches from the center of the tire of one axle to the center of the opposite tire of the same axle as measured in a straight line across the vehicle. Whenever referred to within this rule, wheel track will be the original manufacturer's specification with no modification.
W. Va. Code R. § 81-4-4 Modified Vehicle Inspection Requirements
4.1. Fuel System (combustion power units only).
4.1.1. Each fuel system orifice provided for the introduction of air to be used for the combustion of fuel (air intake) shall be equipped with a device which will:
4.1.1.1. Prevent the ejection into the atmosphere of any ignited fuel and air mixture.
4.1.2. All fuel system components, such as tank, tubing, hoses, clamps, etc., shall:
4.1.2.1. Be located outside of any compartment intended for use by the driver or any passenger except OEM or OREP components.
4.1.2.2. Be securely attached with fasteners designed for this purpose.
4.1.2.3. Not be positioned above, or nearer than three (3) inches to any exhaust system component, except in the engine compartment, unless appropriate shielding is provided (except OEM or OREP components).
4.1.2.4. Be positioned so as not to contact any moving vehicle component.
4.1.2.5. Be free of any fuel leakage.
4.1.3. Fuel line connection to the engine shall be of a flexible design, and of a length sufficient to accommodate all engine vibrations and movements of the engine with respect to the vehicle frame.
4.1.4. The fuel tank shall:
4.1.4.1. Not be located in the engine compartment, except for OEM or OREP components.
4.1.4.2. Be shielded from any compartment intended for use by a flame-proof barrier, except for OEM or OREP components.
4.1.4.3. Be securely mounted to the body or frame.
4.1.4.4. Comply with VESC-12, minimum standard for fuel tanks, if not built by a recognized motor vehicle manufacturer.
4.1.4.5. Be equipped with an external vent or be vented to the engine through an evaporative emission control system (EEC).
4.1.4.6. Be equipped with a filler cap designed to vent fuel spillage from the filler opening when the cap is in place.
4.1.4.7. Be located within the lateral perimeter of the vehicle frame or unit body to minimize crash damage rupturing, (unless originally equipped).
4.1.5. Auxiliary liquid fuel tanks described as an additional fuel tank and any other components attached directly thereto designed to supplement the vehicle's liquid fuel carrying capacity beyond that provided by the vehicle manufacturer shall meet the requirements of VESC-12.
4.2. Vehicle Body.
4.2.1. Body Structure -- The body structure of a modified vehicle shall be free of sharp edges and projections in all interior and exterior locations where they may be contacted by persons in the normal use and care of the vehicle. This requirement does not include those locations usually accessible only when the vehicle is hoisted or partially dismantled for the purpose of maintenance or repair.
4.2.1.1. The body to frame mounting hardware shall be in accordance with OEM specifications, provided that a maximum three (3) inch spacer block may be added, over and above the manufacturer's spacer block and further provided that appropriate modifications of the steering column, brake hose location, and controls are made when required.
4.2.2. Doors and Latches.
4.2.2.1. A modified vehicle shall have a means of entry and exit on each side of the vehicle which provide ready access to the seats in the vehicle.
4.2.2.2. On vehicles not equipped with doors, approved type occupant restraining devices shall be installed within the vehicle and be readily accessible to the occupants.
4.2.2.3. The doors used to provide access to the passenger compartment of a modified vehicle shall be of a hinged type and shall be readily operable and be provided with a two-position self-acting latch which functions in each latching position to keep the door from opening (unless OEM). This requirement does not apply to doors that are designed to be easily attached to or removed from modified vehicles designed for operation without doors.
4.2.2.4. All doors shall be equipped with a manual latch control on the exterior of the door and a manual or electric latch on the interior of the door.
4.2.3. Hood and Trunk Latches.
4.2.3.1. Hood -- All modified vehicles are required to have a hood which shall cover the top of entire engine compartment. The engine compartment sides may remain open.
4.2.3.2. A hood, a trunk lid, or any compartment cover forward of the windshield, which opens along the edge toward the front of a modified vehicle shall be equipped with a two-position self-acting latch which functions in each latching position to keep the hood, lid, or cover closed. A minimum of two (2) hood pins designed for that purpose can be substituted for the two-position self-acting latch.
4.2.3.3. A hood, trunk lid, or compartment cover which opens along an edge toward the sides or the rear of a modified vehicle shall be equipped with at least one (1) latch which holds the hood, lid or cover in the closed position.
4.2.4. Fenders -- Any attachment added to the body of fender of the vehicle to meet the requirements of this section shall be securely mounted and free of any sharp edges or protuberances.
4.2.5. Driver Visibility -- Obstructions forward of the windshield can extend no more than three (3) inches upward into the horizontally projected vision area of the windshield except for windshield wiper components.
4.3. Vehicle Frame.
4.3.1. Frame -- A modified vehicle shall be equipped with a frame consisting of structural beams or channels, or structural tubing, or unitized construction capable of supporting the vehicle, its load, and the torque produced by the power source under all conditions of operation. The frame structure shall be essentially rigid, free of cracks and visual indications of weakness, such as bending, buckling or poor quality welded joints.
4.3.2. Floor Pan -- A modified vehicle shall be equipped with a floor pan which:
4.3.2.1. Covers the area beneath the passenger compartment and any cargo or luggage compartment that is not entirely separate from the passenger compartment. Entirely separate means there are no components shared by both compartments, such as roof, floor, or sides.
4.3.2.2. Is capable of supporting the weight of the number of occupants, including seats and any cargo the vehicle is designed to carry.
4.3.2.3. Has sufficient strength to adequately anchor the seats and safety belts.
4.3.2.4. Is free of openings which are not sealed or provided with covers which are specifically designed to prevent the transit of fumes and airborne particles.
4.3.3. Bumpers -- A modified vehicle shall be equipped with a bumper on the front. A rear bumper must be present if the vehicle was so equipped by the manufacturer. OEM or OREP bumpers are acceptable.
Rear bumpers are required on any modified motor vehicle if the fuel tank is located in the rear and is unprotected by the frame of the vehicle.
Whenever the bumpers installed on a modified vehicle are altered, modified, replaced, or whenever the vehicle ground clearance height has been altered or modified, the bumpers installed on the vehicle shall:
4.3.3.1. Be of sturdy construction.
4.3.3.2. Be securely attached to the vehicle frame with attaching components specifically designed for the purpose which are equivalent in strength to the bumper.
4.3.3.3. Have no pointed projections or sharp edges.
4.3.3.4. Have a smooth outward face.
4.3.3.5. Be at least three (3) inches in vertical height, be centered on the vehicle center line and extend horizontally no less than the wheel track distance.
4.3.3.6. Not be constructed of pipe unless OEM.
4.3.3.7. Be mounted no higher than specified from the ground to the bottom of the bumper. Maximum bumper heights shall be indicated below:
4.3.3.7.1. Vehicles 10,000 pounds or less: Maximum height to both front and rear bumper is thirty-one (31) inches as measured from the ground to the bottom of the bumper. No person may alter, modify, or otherwise move the original bumper mounting on the frame. In the absence of bumpers, or if the original bumper has been moved, bumper heights will be measured to the frame rail.
4.3.3.7.2. All above measurements will be made with all tires on the vehicle inflated to the tire manufacturer's specifications.
4.4. Brake System.
4.4.1. Every modified vehicle shall be equipped with a service brake system which:
4.4.1.1. Will provide braking action at each wheel.
4.4.1.2. Is actuated by pressure applied to a pedal control by the driver's foot.
4.4.1.3. Is actuated primarily by the use of hydraulic fluid (actuation primarily by mechanical means, rods, or cables, is not permitted even if the OEM system was so designed).
4.4.2. Modified vehicles shall be equipped with a service brake system which:
4.4.2.1. Is designed to prevent the complete loss of the braking function in the event of a rupture or leakage-type failure of any single pressure component except structural failures of the master cylinder (split system required).
4.4.2.2. Is equipped with a combination of components, i.e., master cylinders, calipers, wheel cylinders, metering valves, proportioning valves, etc., which is in accordance with current accepted automotive industry standards.
4.4.3. Brake tubing and brake hose installed on a modified vehicle shall be:
4.4.3.1. Securely attached with hardware designed for this purpose in a manner which will prevent chafing, kinking, or other mechanical damage.
4.4.3.2. Of sufficient length and flexibility to accommodate, without damage, all normal movements of the parts to which it is attached.
4.4.3.3. Located in a manner that prevents contact with any component of the vehicle's exhaust system.
4.4.3.4. Routed along the exterior of box or tubular frame chassis. Routing tubing or hoses through the interior or along bottom edge of such frame or tubing is prohibited, unless OEM.
4.4.4. All tubing, other than OEM, used in the brake service brake system of a modified vehicle shall be of a type that meets the requirements of SAE Standard J1047, Tubing - Motor Vehicle Brake System, Hydraulic. No tubing may be made of copper.
4.4.5. All brake tubing ends must be double flared in a manner consistent with SAE Standard J533b or formed in accordance with SAE recommended practice J1290.
4.4.6. All hoses, other than OEM, used in the service brake system of a modified vehicle shall be of a type that meets the requirements of FMVSS-106.
4.4.7. Every modified vehicle shall be equipped with a parking brake system which:
4.4.7.1. Provides braking action on at least two wheels of the same axle.
4.4.7.2. Is actuated by a control that is operated by the driver's hands or foot and remains set in the applied position until released by a separate action.
4.4.7.3. Is actuated by a means independent of the service brake system except that the brake shoes and drums, or pads and discs, may be common to both the service and parking brake systems.
4.5. Steering System.
4.5.1. The steering control mechanism of a modified vehicle shall:
4.5.1.1. Consist of a circular steering wheel having an outside diameter of no less than thirteen (13) inches attached to a shaft in a manner such that the rotary motion of the control device turns the shaft which will cause the moving vehicle to move to the right when the control is rotated in a clockwise direction and to the left when the control is rotated in a counterclockwise direction.
4.5.1.2. Be securely attached to a structural member of the vehicle.
4.5.1.3. Be located forward of the driver's seating position.
4.5.1.4. Be operable through its entire control range by a person seated against the seat back at the driver's position.
4.5.1.5. Not interfere with the driver's vision through the windshield nor interfere with any other vehicle control mechanism.
4.5.1.6. Be so constructed that no components or attachments, including horn actuating mechanism and trim hardware can catch the driver's clothing or jewelry during normal driving maneuvers.
4.5.1.7. Have no other component or structure between the driver and the device except safety belts, air bags or both.
4.5.1.8. Have no other component or structure located in the plane of rotation nearer than three (3) inches outside of the path of the maximum radius of the control device (unless OEM).
4.5.1.9. Have a range of rotation, lock to lock, of no less than two (2) turns, 360o rotation per turn and no more than 6 turns and shall be free of any jamming or binding throughout this range. From a straight ahead position, the number of turns to the right stop shall be equal to the number of turns to the left stop. One quarter turn tolerance permitted.
4.5.2. A modified vehicle equipped with a steering system that has been modified in any manner except replacement of the steering wheel shall:
4.5.2.1. Have the steering components geometrically arranged in accordance with the manufacturer's specifications.
4.5.2.2. Comply with the original vehicle manufacturer's caster, camber and toe-in alignment specifications.
4.5.2.3. Have all nuts equipped with appropriate locking devices such as lock washers, cotter pins or self-locking devices. If self-locking nuts are used, at least one complete bolt thread must pass through the nut and be exposed.
4.5.2.4. Have flat washers installed on spherical rod ends to prevent bearing pull-out.
4.5.2.5. Be equipped with universal or other flexible joints which meet or exceed those used for similar purposes by recognized motor vehicle manufacturers. Such devices must be securely installed and used within designed parameters.
4.5.3. The steering gear box or other mechanism which translates the rotary motion of the control shaft to linear motion to move the wheels shall be securely attached to the vehicle frame with hardware designed for this purpose.
4.5.4. All components of the steering system shall be connected with fittings designed for the purpose and adjusted to eliminate any unnecessary free play or lash.
4.5.5. All welding used in the modification of any system component or attachment shall be accomplished by an electric arc welding process.
4.5.5.1. Gas welding is permitted for those types of metal not suitable for electric arc welding.
4.5.5.2. No welding repairs or welding modifications of any type shall be permitted on cast iron or factory cast steering components.
4.5.6. Any power steering device used on a modified vehicle shall be of a type which will permit the continued use of the power steering mechanism under manual control in the event of the failure of the power unit, except OEM.
4.5.7. Four wheel steering system, e.g., front and rear steering axles, are not permitted unless they are OEM).
4.5.8. Any protective covering of C. V. joints, steering mechanisms, or other components commonly referred to as "Boots" may not be cracked, broken, lose or in any way damaged or leaking.
4.6. Suspension System.
4.6.1. Lift blocks of any type or configuration on the front suspension of a modified vehicle are expressly prohibited.
4.6.2. The use of coil spring spacers to level the front end of the vehicle are permissible.
4.6.3. Every modified vehicle shall be equipped with a flexible primary suspension component (spring, torsion bar, etc.) mounted between the vehicle frame, or unit body, and each axle, or other component to which the wheels are mounted (trailing arms, control arms, etc. ), which:
4.6.3.1. Permits vertical relative movement between the frame and axle.
4.6.3.2. Permits negligible lateral (side to side) or longitudinal (front to rear) horizontal movement between the frame and the axle.
4.6.3.3. Is securely attached to both the frame and the axle with mounting hardware designed for this purpose.
4.6.3.4. Provides adequate support for the safe control of the vehicle under all normal conditions of operation upon public streets and highways.
4.6.4. Each position on an axle of a modified vehicle where one or more wheels are mounted shall be equipped with at least one shock absorbent which:
4.6.4.1. Is mounted between, and securely attached to, the axle and the frame with mounting hardware designed for this purpose.
4.6.4.2. Provides a damping action on all vertical motion (double acting) throughout entire vertical motion range of the primary suspension component.
4.6.5. At each position where one or more wheels are mounted, the suspension system of a modified vehicle shall provide a minimum range of vertical motion between the axle and the frame of two (2) inches for compressions and two (2) inches for rebound when the empty vehicle is standing upon a level surface.
4.6.6. The range of movement between the axle and the frame of a modified vehicle shall be limited in a manner which, under all normal conditions of suspension and rebound, will prevent:
4.6.6.1. Contact between the wheels, including the tires, and any part of the vehicle frame or chassis.
4.6.6.2. Contact between the suspended and unsuspended portions of the vehicle except at suspension component attachment points and at those points which are designed and suitably cushioned to limit extreme suspension movement.
4.6.6.3. Any brake hose from becoming fully extended.
4.6.6.4. Any shock absorber from reaching the limit of its travel.
4.6.7. Any primary or supplemental coil springs used in the suspension system of a modified vehicle shall not be capable of being fully compressed or fully extended within the limits of vertical motion of the system.
4.6.8. A modified vehicle shall have sufficient ground clearance between the vehicle body chassis and steering components and the road surface on which the vehicle rests so that it will be able to be in motion on its four rims on a flat surface with no other parts of the vehicle touching that surface.
4.6.9. When used in the suspension system of a modified vehicle, all leaf spring hanger (shackle) extensions shall:
4.6.9.1. Have a maximum effective length of no more than two inches over the OEM shackle as measured between the upper and lower bolt centers.
4.6.9.2. Be assembled with bolts and hangers specifically designed with adequate extra strength for this purpose.
4.6.10. No coil spring, leaf spring, or torsion bar used in the suspension system of a modified vehicle shall be heated or welded.
4.6.11. Any electric, hydraulic or pneumatic device used to adjust the height of a vehicle cannot be capable of raising the front or rear of the vehicle more than four (4) inches over the OEM ride height and can in no way alter the steering geometry of the vehicle unless it is OEM.
4.6.12. The wheel base on one side of the vehicle must be the same as the wheel base on the opposite side, with a tolerance of plus one inch.
4.7. Exhaust System (combustion power units only).
4.7.1. All modified vehicles shall be equipped with a system of components to conduct exhaust gases from the engine to a safe discharge point outside of the vehicle.
4.7.2. All exhaust system components, such as manifolds, headers, exhaust pipes, resonators, mufflers, converters, tail pipes, etc., shall:
4.7.2.1. Be located outside of any compartment intended for use by the driver or any passenger.
4.7.2.2. Be securely attached with fasteners designed for this purpose.
4.7.2.3. Be positioned so as not to contact any moving vehicle component.
4.7.2.4. Be free of any leakage.
4.7.2.5. Have suitable shielding provided for all components which may cause personal injury and are accessible to inadvertent contact by persons standing outside of the vehicle under normal operating conditions.
4.7.2.6. Have no temporary patches or makeshift repairs.
4.7.3. Suitable heat shielding shall be provided for:
4.7.3.1. Any catalytic converter located less than three (3) inches below the floor pan or from any flammable material.
4.7.3.2. Any other exhaust system component located less than one and one-half (1 1/2) inches below the floor pan or less than three (3) inches from any flammable material.
4.7.4. The exhaust system shall contain a muffler or mufflers. Such mufflers shall be the muffler originally installed by the manufacturer of the vehicle or, if a replacement, the equivalent thereof.
4.7.5. The exhaust system shall discharge the engine exhaust gases outward from the vehicle to the atmosphere.
4.7.5.1. Exhaust systems on property-carrying vehicles shall discharge the exhaust gases to the rear of that part of the vehicle designed and normally used for carrying the driver and passengers.
4.7.5.2. Exhaust systems on passenger vehicles shall discharge the exhaust gases at a location to the rear of the vehicle body or direct the exhaust gases outward from the side of the vehicle body at a location rearward of any operable side window.
4.7.5.3. No part of the exhaust system shall pass through any area of the vehicle that is used as a passenger compartment, nor in close proximity to the fuel system without being properly shielded. No part of the exhaust system may contain a muffler cut-out or by-pass.
4.8. Wheels and Tires.
4.8.1. The rims mounted on a modified vehicle, if other than OEM, including options, or OREP, i.e., special rims, shall meet or exceed all applicable Federal Motor Vehicle Standards.
4.8.2. All rims mounted on a modified vehicle shall be free of cracks, rim dents, warpage, and repairs of any kind.
4.8.3. All rim mounting studs, nuts or bolts shall be present, in good condition, and securely tightened.
4.8.4. All rims mounted on a particular axle or equivalent front or rear suspension component, shall be of identical size, design, and material (all front rims the same and all rear rims the same).
4.8.5. The rim diameter of the rims mounted on the front axle shall be no less nor no greater than two (2) inches as the rim diameter of the OEM rims for the suspension system used.
4.8.6. The use of any combination of reverse mounted or special rims or adapters shall not increase the negative offset of the front or rear rims in a manner that will reduce the track width of the vehicle. The modified vehicle owner shall provide the rim offset specifications and the manner of measurement from the recognized manufacturer of the vehicle when it was new, if requested.
4.8.7. The use of any combination of reverse mounted or special rims or adapters shall not increase the positive offset of any of the rims by more than two (2) inches. Any increases in positive offset for wheels on one side of a vehicle should be the same as for the wheels on the opposite side.
4.8.8. All tires used on the rims of a modified vehicle shall have a load rating of sufficient capacity to support the weight imposed on both the tire and rim.
4.8.9. All tires mounted on the rims of a modified vehicle shall be tires designed specifically for highway use (FMVSS No. 109 and No. 119) including those designed for highway use and retreaded in accordance with FMVSS No. 117. The use of tires designed, retreated or designated for any other purpose is not permitted.
4.8.10. Every tire mounted on the rims of a modified vehicle shall have an average tread depth of no less than 2/32 of an inch.
4.8.11. Wheel studs must be of sufficient length to allow a minimum of two threads to project beyond the lug nut. Where capped lug nuts are used, all wheel studs must project into the hex portion of the lug nut by a distance equal to at least one diameter of the stud.
4.8.12. Minimum width of any tire on any axle of a modified vehicle will be five (5) inches.
4.9. Miscellaneous.
4.9.1. If equipped with an automatic transmission, it must be equipped with an interlock that causes the engine starter to be inoperative when the transmission shift lever is in a forward or reverse drive position unless it is OEM.
81CSR4
81CSR4
Series 05 Contracted Police or Security Services
W. Va. Code R. § 81-5-1 General
1.1. Scope. -- This rule specifies the conditions under which members of the department may perform extraordinary police or security services and governs the procedure to be followed in the employment of department members.
1.2. Authority. -- W. Va. Code §15-2-18(b).
1.3. Filing Date. -- May 13, 2026.
1.4. Effective Date. -- July 1, 2026.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect after August 1, 2036.
W. Va. Code R. § 81-5-2 Definitions
2.1. Unless the content clearly requires a different meaning as used in the rule, the terms:
2.2. Company commander means that member of the department designated by the Superintendent as the principal operational supervisor for a field operations company area.
2.3. Compensatory day off means that time off duty awarded to a member of the department as compensation for working on a designated state or national holiday.
2.4. Extraordinary police or security services/contracted police or security services means those services determined by the Superintendent to be in the public interest performed by a member of the department pursuant to a contractual agreement with a public, quasi-public, military or private entity when the service is not prohibited by law and when the service would not have been otherwise performed by the department.
2.5. Member means a non-probationary employee of the department, empowered under the provisions of W. Va. Code §15-2-12 with statewide law enforcement powers and who has taken and subscribed to the oath of office as required by W. Va. Code §15-2-14.
2.6. Officer in charge of field operations means that member of the department designated by the Superintendent as the principal operational supervisor of the field operations force.
2.7. Primary communications station means that department facility that serves as a transmission and reception site for State Police radio traffic in a designated multi-county geographical area.
2.8. Superintendent means the administrative head of the West Virginia State Police or his/her duly authorized agent as authorized by W. Va. Code §15-2-2.
W. Va. Code R. § 81-5-3 Application for Contracted Police or Security Services
3.1. All requests for contracted police or security services must be made, in writing, to the Superintendent and shall explain the funding source and the authority under which the request is made.
3.2. The Superintendent will not grant approval for any contractual employment in circumstances involving labor disputes.
W. Va. Code R. § 81-5-4 Contract Guidelines
4.1. The Superintendent shall enter into a contract for all contracted police or security services as required by W. Va. Code §15-2-18(b).
4.2. All contracts shall contain provisions that the contractual employer agrees to hold harmless and indemnify the State of West Virginia, the West Virginia State Police, and its employees and members from any liability arising from the contractual employment.
4.3. The total cost of the services and the number of hours contracted for shall not exceed those outlined in the contract unless new terms are subsequently agreed to, in writing, by both parties.
4.4. The Superintendent shall negotiate compensation rates for contracted services on a man-hour basis and may also negotiate compensation for any additional departmental expenditures or costs.
4.5. The contractual employer shall pay for services rendered by the department by check, made payable to the West Virginia State Police, within 5 days of receipt of an itemized invoice.
4.6. West Virginia State Police personnel shall make all law enforcement decisions encountered by members during contractual employment and the contractual employer shall not dictate or influence the decisions.
4.7. In the event that department members who are assigned to contractual employment are required to return to official duty in response to a public disaster or other emergency, neither the West Virginia State Police nor any of its officers or members are liable for any damages incurred as a result of the reassignment.
W. Va. Code R. § 81-5-5 Assignment of Members
5.1. The officer in charge of field operations or his/her designee shall coordinate the manpower recruitment and allocation for all approved requests for contractual services and negotiate minor contract provisions.
5.2. Members accepting contractual employment must be in the following duty status:
5.2.1. Day off duty,
5.2.2. Annual leave,
5.2.3. Compensatory day off,
5.2.4. Holiday off duty, or
5.2.5. Regularly scheduled work day, provided that there is a minimum of eight hours within the twenty-four hour period where the member is neither in an on-duty status nor on contractual-duty status.
5.3. Members may not accept any contractual employment when the accepting of such employment would interfere with the member's ability to perform the primary duties of a State Police officer.
5.4. Members who are placed in the following duty status are not eligible for participation in any contractual employment:
5.4.1. Basic cadet training,
5.4.2. Post-basic probationary status; Provided, That Members who have completed the field training officer program may be permitted to work contract services and patrols,
5.4.3. Active suspension,
5.4.4. Administrative leave,
5.4.5. Temporary alternative duty due to a physical or mental condition,
5.4.6. Sick leave,
5.4.7. Disability leave, or
5.4.8. Family leave.
5.5. The Company Commander of the area in which the contractual employment is to be performed shall ensure that sufficient supervisors are provided to properly supervise department personnel and detail operations.
5.6. The Superintendent shall provide members assigned to contractual employment with department vehicles for transportation to, during and from the location of the employment. The Officer In Charge of Field Operations may establish mileage limitations and/or assign multiple members to vehicles.
5.7. Members are in an off-duty status while traveling to and from the location of contractual employment unless specifically instructed otherwise by the Company Commander or Officer In Charge of Field Operations.
5.7.1. Members en route to and returning from contractual employment will initiate any appropriate law enforcement action when a serious violation of the law or a life threatening situation is observed.
W. Va. Code R. § 81-5-6 Compensation
6.1. The department comptroller shall compute compensation for members on contractual employment at the rate specified by the contract regardless of the member's classification under the Fair Labor Standards Act or the member's normal hourly compensation rate. The comptroller will deduct applicable state and federal taxes from the member's total contractual employment compensation.
6.2. The comptroller will make no deduction of retirement contributions from contractual employment compensation and a member's retirement benefits will not be enhanced by participation in contractual employment. All other department benefits will remain in force during contractual employment.
81CSR5
Series 06 Carrying Of Handguns By Retired Or Medically Discharged Members
W. Va. Code R. § 81-6-1 General
1.1. Scope. -- This rule prescribes the requirements for the issuance and termination of authorization for retired and medically discharged members of the West Virginia State Police to carry handguns and sets specific requirements for the type and condition of any handgun carried under the provisions of this rule.
1.2. Authority. -- W. Va. Code §15-2-25.
1.3. Filing Date. -- March 31, 2010.
1.4. Effective Date. -- March 31, 2010.
W. Va. Code R. § 81-6-2 Authorization Requirements
2.1. Upon retirement or medical discharge, a member of the West Virginia State Police may submit a request to the Superintendent for authorization to carry a handgun within the State of West Virginia, concealed or otherwise, upon his or her person, provided:
2.1.1. The member is retired honorably with at least 20 years of service; or
2.1.2. The member is retired with less than 20 years of service due to a total or partial disability, regardless of whether such disability resulted from his or her service with the Department, as determined by the Consolidated Public Retirement Board; and provided that any such disability does not affect the retired or medically discharged member's ability to safely operate and control the handgun during firing, as determined by the Superintendent.
2.2. A request submitted in compliance with this rule for either issuance or renewal of an authorization must be in writing upon a form prescribed by the Superintendent and shall include the retired or medically discharged member's name, complete address, signature and other information as requested. The retired or medically discharged member, or a member petitioning for retirement, may submit a request at any time.
2.3. The following retired or medically discharged members are ineligible to receive an authorization under the provisions of this rule:
2.3.1. Any retired or medically discharged member the Superintendent finds to be mentally incapacitated; or
2.3.2. Any retired or medically discharged member the Superintendent finds to constitute a danger to any person or the community.
W. Va. Code R. § 81-6-3 Authorization Issuance
3.1. The Superintendent shall review all requests submitted in accordance with Section 2 of this rule and shall issue authorization to carry a handgun to every retired or medically discharged member whose request is approved.
3.2. The Superintendent shall provide the authorization issued pursuant to this rule that shall consist of a letter or certificate signed by the Superintendent indicating the date of issuance and the date of expiration and shall cause to be issued an authorization identification card to permit convenient carrying and display. Any issued authorization remains the property of the Department and any retired or medically discharged member accepting such authorization agrees through such action to return the authorization to the Department immediately upon any termination or revocation of the authorization, as provided by Section 4 of this rule; provided, that any authorization in the possession of the retired or medically discharged member on the date of expiration may be retained as memorabilia.
3.3. The retired or medically discharged member shall carry the authorization identification card issued pursuant to this rule at all times he or she has a handgun on his or her person and when such handgun is carried under the authority granted in this rule.
3.4. Any retired or medically discharged member receiving authorization, as provided in this rule, shall advise the Superintendent in writing within 30 days of any change of address and the effective date of the change.
3.5. Holders of authorizations issued under the provisions of this rule shall have the same privileges and rights as enjoyed by persons issued concealed pistol/handgun permits under the authority of W. Va. Code §61-7.
W. Va. Code R. § 81-6-4 Authorization Termination. Revocation and Renewal
4.1. An authorization, as provided and approved under this rule, terminates immediately and permanently without any right of hearing or other recourse and without any action required by the Superintendent in all cases where the retired or medically discharged member is convicted of any felony, any misdemeanor involving the improper or illegal use of a firearm, or any misdemeanor involving domestic violence.
4.2. An authorization, as provided and approved under this rule, terminates with the possibility of renewal upon the expiration of five years following the date of the authorization's issuance.
4.3. Retired or medically discharged members may submit a request for authorization renewal within 60 days of the current authorization’s expiration date as specified in Section 2.2 of this rule.
4.4. The Superintendent may revoke an authorization, as provided and approved under this rule, at any time without cause or recourse. Upon revoking the authorization of any retired or medically discharged member, as provided for in this section, the Superintendent shall immediately notify the retired or medically discharged member of the revocation, in writing, sent by certified mail, return receipt requested, to the most recent address provided by the retired or medically discharged member. The return of the receipt or the notice to the Superintendent is presumptive evidence that proper notice of revocation was given, notwithstanding any reason for non-delivery, unless and until it can be established that the Department directed the notice to an incorrect or non-existent address in contradiction to that address supplied in compliance with section 3.4 of this rule.
W. Va. Code R. § 81-6-5 Handgun Certification
5.1. There is no restriction on a handgun as to barrel length, caliber or action type, except that no person may carry a handgun capable of full automatic function under the authority of this rule.
81CSR6
81CSR6
Series 07 Rules Governing Requests For Information (Freedom Of Information Act)
W. Va. Code R. § 81-7-1 General
1.1. Scope. -- These rules establish procedures whereby any person may inspect and copy any public record prepared, owned, and retained by the West Virginia State Police.
1.2. Authority. -- W. Va. Code §29B-1-3.
1.3. Filing Date. -- November 13, 2003.
1.4. Effective Date. -- December 3, 2003.
W. Va. Code R. § 81-7-2 Purpose
2.1. To establish procedures for the orderly dissemination of public records pursuant to the Freedom of Information Act by the West Virginia State Police.
W. Va. Code R. § 81-7-3 Definitions
As used in these rules, unless used in a context that clearly requires a different meaning, the term:
3.1. "Act" means the "Freedom of Information Act" W. Va. Code §29B-1-1 et. seq.
3.2. "Department" means the West Virginia State Police.
3.3. "Public records" means any books, papers, maps, photographs, cards, tapes, recordings, and other documentary materials, regardless of physical forms or characteristics, containing information relating to the conduct of the public's business which are proposed, owned, and retained by the West Virginia State Police, and which are not held in confidence pursuant to federal or state laws.
3.4. "Superintendent" means the Superintendent of the West Virginia State Police.
W. Va. Code R. § 81-7-4 Form of Request
4.1. Each request to inspect or copy any public record of the department shall be made, in writing, directly to the Superintendent and shall include the following:
(a) The name of the person making the request, (b) The address where the person may be contacted, (c) A statement describing, with reasonable specificity, the information sought and whether or not the person will be requiring reproductions of the public record. If possible, the statement should include a description of each document sought and if available, the title, date, and author of each such document, and (d) A statement that the person is prepared to pay any fees covering the actual cost to the department for making reproductions of the public record.
4.2. Requests may be filed either in person, by U. S. Mail, fax, computer modem, or private courier, at the Office of the Superintendent, 725 Jefferson Road, South Charleston, West Virginia, 25309-1698. Requests made in person shall only be made during the department's regular business hours.
W. Va. Code R. § 81-7-5 Responsibilities of the Department
5.1. The department shall, upon receipt of a properly filed request, affix the date of receipt and initiate a search for the requested information.
5.2. The department shall respond to each request, in writing, as soon as practicable, but within a maximum of five (5) working days of receipt of the request. Such response shall:
(a) Provide requested information, (b) Advise the requestor of the time and place at which he/she may inspect and/or copy the information, (c) Advise the requestor that the description of the information sought is not sufficient to allow the department to identify and locate the information and that the request cannot be further processed until additional information is made available to the department. Upon receipt by the department of additional information, the five (5) day time limit shall begin anew; or (d) Deny the request stating in writing the reason for such denial and informing the requestor that he/she may appeal the department's action in accordance with W. Va. Code §29B-1-5. The basis for denial shall include, but not be limited to, the following:
(1) The requested record is not known to exist, (2) The record is not in the department's possession, and/or (3) The record is exempt from disclosure under W. Va. Code §29B-1-4 of the Act or other provisions of federal or state law.
5.3. The department may decline to honor requests which require the creation of a record containing a compilation of records, extraction of information from other records, or any statistical analysis of records.
5.4. The department will not honor requests received by department offices other than that of the Superintendent. The five (5) day time limit shall not begin until the request is properly filed with the Office of the Superintendent as detailed in 4.2 above.
W. Va. Code R. § 81-7-6 Fees
6.1. The department shall establish fixed rate fees for reproduction of documents, records, and files. This fee schedule shall be maintained by the department and made available to the public upon request.
6.2. All fees are non-refundable and shall be paid in advance of receipt of the requested information by certified check, cashier's check, or money order made payable to the Superintendent, West Virginia State Police.
81CSR7
81CSR7
Series 08 West Virginia State Police Member Grievance Procedure
W. Va. Code R. § 81-8-1 General
1.1. Scope. -- This rule governs and specifies a grievance procedure for sworn members of the State Police.
1.2. Authority. -- W. Va. Code §15-2-6
1.3. Filing Date. -- May 13, 2026.
1.4. Effective Date. -- July 1, 2026.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2031.
W. Va. Code R. § 81-8-2 Purpose
2.1. The purpose of this rule is to provide a procedure for the equitable and consistent resolution of employment grievances raised by members of the West Virginia State Police who have completed the post-cadet probationary period.
W. Va. Code R. § 81-8-3 Definitions
3.1. For the purpose of this rule:
3.1.1. "Days" means working days exclusive of Saturday, Sunday, or official holidays.
3.1.2. "Discrimination" means any difference in the treatment of members unless such differences are related to the actual job responsibilities of the members or agreed to in writing by the members.
3.1.3. "Favoritism" means unfair treatment of a member as demonstrated by preferential, exceptional, or advantageous treatment of another or other members.
3.1.4. "Grievance" means any claim by 1 or more affected State Police members alleging a violation, a misapplication or a misinterpretation of the statutes, written policies, rules, regulations, or written agreements under which such members work. Any pension matter or other issue relating to public employees’ insurance, retirement, or any other matter in which the authority to act is not vested with the State Police shall not be the subject of any grievance filed under this policy and procedure. Management reserves the exclusive right to manage the affairs and operations of the State Police.
3.1.5. "Grievance coordinator" means that individual designated by the Superintendent to oversee and coordinate the administration of employee grievances.
3.1.6. "Grievance Evaluator" means that individual authorized to render a decision on a grievance under procedural levels 1, 2 and 3 as set out in section 4.
3.1.7. "Grievant" means any member or group of named members filing a grievance as defined in subsection (3.1.5) of this section.
3.1.8. "Harassment" means repeated or continual disturbance, irritation or annoyance of a member which would be contrary to the demeanor expected by law, policy, and profession.
3.1.9. "Hearing examiner" means individuals employed by the State Police in accordance with section 5 of this rule.
3.1.10. "Immediate supervisor" means that person next in the chain of command of the grievant possessing a degree of administrative authority and designated as such.
3.1.11. "Member" means any non-probationary sworn member employed by the State Police.
3.1.12. "Representative" means any person or persons designated by the grievant to represent him or her in the processing of a grievance through this procedure, or both.
3.1.13. "Reprisal" means retaliation by the Superintendent or his or her designee toward a grievant, witness, representative or any other participant in the grievance procedure either for an alleged injury itself or any lawful attempt to redress it.
3.1.14. "Superintendent" is the executive officer-in-charge and chief administrator of the State Police.
W. Va. Code R. § 81-8-4 Grievance Procedure Generally
4.1. A grievance must be filed within the times specified in section 4 of this rule and shall be processed as rapidly as possible. The number of days indicated at each level specified in section 4 of this rule shall be considered as the maximum number of days allowed and, if a decision is not rendered at any level within the prescribed time limits, the grievant may appeal to the next level: Provided, That the specified time limits shall be extended whenever a grievant is not working because of accident, sickness, death in the immediate family or other cause necessitating the grievant to take personal leave from his or her employment, or by agreement of all parties.
4.2. If the Superintendent or his or her designee or the grievant intends to assert the application of any federal statute, administrative rule, federal regulation or written agreement or submits any written response to the filed grievance at any level, the citation thereof shall be forwarded to the grievant and any representative of the grievant named in the filed grievance or the Superintendent. Any documents submitted and the grievant's response thereto, if any, shall become part of the record. Failure to assert such statute, policy, rule, regulation, or written agreement at any level shall not prevent the subsequent submission thereof in accordance with the provisions of this subsection.
4.3. The grievant may file the grievance at the level vested with authority to grant the requested relief if each lower administrative level agrees in writing thereto. In the event a grievance is filed at a higher level, the State Police shall provide copies to each lower administrative level. Provided, in matters of discipline, all grievances shall begin at level 3 and be filed directly to the office of the Superintendent.
4.3.1 In matters of discipline resulting in a letter of reprimand, a member may grieve the action by either of the following:
4.3.1.a. The member may submit a written dissent which will be attached to the letter of reprimand and placed in the member’s personnel file; or
4.3.1.b. The member may request a level 3 hearing.
4.4. A member may withdraw a grievance at any time by notice, in writing, to the level wherein the grievance is then current. If more than 1 member is named as grievant in a particular grievance, the withdrawal of 1 member shall not prejudice the rights of any other member named in the grievance. In the event a grievance is withdrawn or a member withdraws from a grievance, the Superintendent or his or her designee, shall notify in writing each lower administrative level.
4.5. Grievances may be consolidated at any level by agreement of all parties.
4.6 A grievant may be represented by any person or persons designated by the grievant. At the request of the grievant, such person or persons may be present, starting at levels 3 and 4 of the procedure: Provided, that at levels 1 and 2 of such grievance, as set forth in section 5.1 of this rule, a grievant may have no such representative. Employer may, likewise, only be represented at levels 3 and 4.
4.7. If a grievance is filed which cannot be resolved within the time limits set forth in section 4 of this rule prior to the end of the grievant's employment term, the time limit set forth in said section shall be reduced as agreed to in writing by both parties so that the grievance procedure may be concluded within 10 days following the end of the employment term or an otherwise reasonable time.
4.8. No reprisals of any kind shall be taken by the Superintendent or his or her designee against any interested party, or any other participant in the grievance procedure by reason of such participation. A reprisal constitutes a grievance, and any person held to be responsible for reprisal action shall be subject to disciplinary action.
4.9. Written decisions rendered at all levels of the grievance procedure shall be dated, shall set forth the decision or decisions and the reasons therefor, and shall be transmitted to the grievant and any representative at levels 3 or 4 named in the grievance within the time prescribed.
4.10. Once a grievance has been filed, supportive or corroborative evidence may be presented at any conference or hearing conducted pursuant to the provisions of this rule. Whether evidence substantially alters the original grievance and renders it a different grievance is within the discretion of the grievance evaluator at the level wherein the new evidence is presented. If the grievance evaluator rules that the evidence renders it a different grievance, the party offering the evidence may withdraw same, the parties may consent to such evidence, or the grievance evaluator may decide to hear the evidence or rule that the grievant must file a new grievance. The time limitation for filing the new grievance shall be measured from the date of such ruling.
4.11. Any change in the relief sought by the grievant shall be consented to by all parties or may be granted at level 4 within the discretion of the hearing examiner.
4.12. Forms for filing grievances, giving notice, taking appeals, making reports and recommendations, and all other necessary documents shall be made available by the immediate supervisor to any member upon request. Such forms shall include information as prescribed by the Superintendent. The grievant shall have access to State Police equipment for purposes of preparing grievance documents subject to the reasonable rules of the employer governing the use of such equipment.
4.13. Notwithstanding the provisions of W. Va. Code §6-9A-3, or any other provision relating to open proceedings, all conferences and hearings pursuant to this rule shall be conducted in private except that, upon the grievant's request, conferences and hearings at levels 2 and 3 shall be open to employees of the grievant's immediate office or work area. Within the discretion of the hearing examiner, conferences and hearings may be public at level 4.
4.14. No person shall confer or correspond with a hearing examiner regarding the merits of the grievance unless all parties to the grievance are notified and agree thereto.
4.15. Grievances shall be processed during regular working hours. Attempts shall be made to process the grievance in a manner which does not interfere with the normal operation of the State Police.
4.16. The grievant or the member selected by a grievant to represent him or her in the processing of a grievance through this procedure, or both, shall be granted necessary time off during working hours for the grievance procedure without loss of pay and without charge to annual or compensatory leave credits. In addition to actual time spent in grievance conferences and hearings, the grievant or the grievant's representative, or both, shall be granted time off during working hours, not to exceed 4 hours per grievance, for the preparation of such grievance without loss of pay and without charge to annual or compensatory leave credits. However, it shall be understood by all parties that the first responsibility of any member is the work assigned by the State Police to the member. Grievance preparation and representation activities by a member shall not seriously affect the overall productivity of the member. Members and other employees submitting complaints or grievances, who are involved in complaint and grievance investigations, and who are participating in complaint and grievance meetings and proceedings may do so during working hours without loss of pay and without charge to accumulated leave, after requesting permission from their immediate supervisor to do so, which permission shall not be unreasonably withheld.
4.17. The aggrieved member, the State Police, and representatives of both shall have the right to call, examine and cross-examine witnesses who are employees of the State Police against which the grievance is lodged and who have knowledge of the facts at issue.
4.18. Both parties may produce witnesses other than employees of the State Police against which the grievance is lodged, and such witnesses shall be subject to examination and cross-examination.
4.19. Should the Superintendent or his or her designee cause a conference or hearing to be postponed without adequate notice to members and/or other employees who are scheduled to appear during their normal workday, they will not suffer any loss in pay for work time lost.
4.20. Any grievance evaluator may be excused from participation in the grievance process for reasonable cause, including, but not limited to, conflict of interest or incapacitation, and in such case the grievance evaluator at the next higher level shall designate an alternative grievance evaluator if such is deemed reasonable and necessary.
4.21. No less than 1 year following resolution of a grievance at any level, the grievant may request in writing to have removed any record of the grievant's identity from any file kept by the State Police.
4.22. Procedures:
4.22.1. The State Police grievance coordinator shall be responsible for the coordination of grievance procedures. Such coordination shall include the training of supervisors in grievance procedures, providing notification to the Superintendent of filed grievances and their progression and other grievance management functions as required to ensure administrative compliance with this rule.
4.22.2. The grievance coordinator shall maintain and control finalized grievance records within the security of its files and will take necessary precautions to ensure controlled access to sensitive grievance records and documents.
4.22.3. First level supervisors receiving a grievance form shall acknowledge receipt by noting the time, date and name of the person receiving the grievance and shall immediately forward a copy of the grievance to the grievance coordinator.
4.22.4. The supervisor responsible for administering the grievance procedure at each level shall furnish the original grievance form and the original copy of the written decision to the member and will forward a copy of the grievance form and decision to the grievance coordinator. The supervisor administering the grievance procedure shall NOT retain a record of the grievance or the decision.
4.23. The number of grievances filed against the Superintendent or his or her designee, or by an employee shall not, per se, be an indication of the Superintendent's or his or her designee's or such employee's job performance.
4.24. The Superintendent may appeal a level 4 decision on the grounds that the decision (1) was contrary to law or lawfully adopted rule or written policy of the employer, (2) exceeded the hearing examiner's statutory authority, (3) was the result of fraud or deceit, (4) was clearly wrong in view of the reliable, probative, and substantial evidence on the whole record, or (5) was arbitrary or capricious or characterized by abuse of discretion.
W. Va. Code R. § 81-8-5 Procedural Levels and Procedure at Each Level
5.1. Level 1.
5.1.1. The member shall identify the grievance verbally to the immediate supervisor in an informal meeting within 14 days after the event or action or the discovery of the event or action which is the basis for the grievance.
5.1.2. The immediate supervisor shall give a verbal response to the member within 7 days following the meeting.
5.1.3. If a resolution is not reached at this point, the member shall submit to the immediate supervisor on a prescribed form the nature of the grievance and the specific relief requested within 7 days following the date of receipt of the verbal response.
5.1.4. The supervisor, in turn, shall give written response on a prescribed form within 7 days of receipt of the prescribed form.
5.2. Level 2.
5.2.1. Within 7 days of receiving the written decision of the immediate supervisor the grievant or Superintendent may file a written appeal to the appropriate State Police supervisor. The supervisor shall hold a conference within 7 days of the receipt of the appeal and issue a written decision upon the appeal within 7 days of the conference.
5.3. Level 3.
5.3.1. Within 7 days of receiving the decision of the appropriate State Police supervisor the grievant or Superintendent may file a written appeal of the decision with the Superintendent. The Superintendent or his or her designee shall hold a hearing in accordance with section 6.1 of this rule within 10 days of receiving the appeal. The Superintendent or his or her designee shall issue a written decision affirming, modifying, or reversing the level 2 decision within 7 days of such hearing.
5.4. Level 4.
5.4.1. If either the grievant or the Superintendent are not satisfied with the action taken by the grievance evaluator, within 14 days of receiving the written decision the grievant or Superintendent may request, in writing, on a form furnished by the State Police, that the grievance be submitted to a hearing examiner. Within 7 days after receipt of the notice of appeal from the grievant, the Superintendent or his or her designee shall mail to the grievant a strike list of names of hearing examiners. A hearing examiner selection committee consisting of 1 person designated by the Superintendent, 1 person by the trade or professional organization which has the largest number of members of the State Police within its membership, and 1 acting or senior status circuit judge agreed upon by the Superintendent's designee and the trade or professional organization's designee, shall compile the strike list. The strike list shall consist of attorneys licensed to practice in West Virginia. The grievant shall have 7 days from receipt of the strike list to select the hearing examiner from the strike list. The hearing shall be conducted in accordance with section 6 of this rule within 30 days following the request. The hearing may be held within 60 days following the request, or within such time as is mutually agreed upon by the parties.
5.4.2. Within 30 days following the hearing, the hearing examiner shall render a decision in writing to all parties setting forth findings and conclusions on the issues submitted. Subject to the provisions of section 7 of this rule, the decision of the hearing examiner shall be final upon the parties and shall be enforceable in circuit court.
5.5. Expedited grievance process.
5.5.1. A member may grieve a final action of the Superintendent involving a dismissal, demotion, transfer, or suspension exceeding 20 days directly to the hearing examiner. The expedited grievance shall be in writing and must be filed within 10 days of the date of the final action by the Superintendent.
W. Va. Code R. § 81-8-6 Hearings Generally
6.1. The Superintendent or his or her designee acting as a grievance evaluator or the hearing examiner shall conduct all hearings in an impartial manner and shall ensure that all parties are accorded procedural and substantive due process. All parties shall have an opportunity to present evidence and argument with respect to the matters and issues involved, to cross-examine and to rebut evidence. Reasonable notice of a hearing shall be sent prior to the hearing to all parties and their named representative and shall include the date, time, and place of the hearing. All such hearings shall be held at a location selected by the Superintendent and within regular working hours. Hearings may continue beyond normal working hours.
6.2. Upon written request, the grievant or Superintendent shall produce prior to such hearing any documents, not privileged, which are relevant to the subject matter involved in the pending grievance.
6.3. At levels 3 or 4 the Superintendent or his or her designee or the hearing examiner shall have the power to (1) administer oaths and affirmations, (2) subpoena witnesses, (3) regulate the course of the hearing, (4) hold conferences for the settlement or simplification of the issues by consent of the parties, (5) exclude immaterial, irrelevant or repetitious evidence, (6) sequester witnesses, (7) restrict the number of advocates, and take any other action not inconsistent with the provisions of this rule.
6.4. All the testimony and evidence at any level 3 or level 4 hearing shall be recorded by mechanical means, and all recorded testimony and evidence at such hearing upon written request of either party or the level 4 hearing examiner, shall be transcribed and certified by affidavit.
6.5. Formal rules of evidence shall not be applied, but parties shall be bound by the rules of privilege recognized by law. No member shall be compelled to testify against himself or herself in a grievance involving disciplinary action. The burden of proof shall rest with the Superintendent in disciplinary matters.
6.6. The mechanical recording of all testimony and evidence or the transcription thereof, if any; the decision, and any other materials considered in reaching the decision shall be made a part and shall constitute the record of a grievance. The record shall be submitted to any level at which appeal has been made, and the record shall be considered, but the development of such record shall not be limited thereby.
6.7. Prior to the decisions rendered at levels 3 or 4, any party may propose findings of fact and conclusions of law which shall be submitted in writing.
6.8. Every decision rendered at levels 3 or 4, pursuant to a hearing, shall be in writing and shall be accompanied by findings of fact and conclusions of law.
W. Va. Code R. § 81-8-7 Enforcement and Reviewability; Costs; Good Faith
7.1. The decision of the hearing examiner shall be final upon the parties and shall be enforceable in the Intermediate Court of Appeals. The grievant or Superintendent may appeal to the Intermediate Court of Appeals on the grounds that the hearing examiner's decision (1) was contrary to law or a lawfully adopted rule or written policy of the State Police, (2) exceeded the hearing examiner's statutory authority, (3) was the result of fraud or deceit, (4) was clearly wrong in view of the reliable, probative and substantial evidence on the whole record, or (5) was arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. The appeal shall be filed in the Intermediate Court of Appeals within 30 days of receipt of the hearing examiner's decision. The decision of the hearing examiner shall not be stayed, automatically, upon the filing of an appeal, but a stay may be granted by the Intermediate Court of Appeals upon separate motion.
7.2. The court's ruling shall be upon the entire record made before the hearing examiner, and the court may hear oral arguments and require written briefs. The court may reverse, vacate, or modify the decision of the hearing examiner or may remand the grievance to the Superintendent for further proceedings.
7.3. Both the State Police and members shall at all times act in good faith and make every possible effort to resolve disputes at the lowest level of the grievance procedure. The hearing examiner may make a determination of bad faith and in extreme instances allocate the cost of the hearing to the party found to be acting in bad faith.
W. Va. Code R. § 81-8-8 Allocation of Costs
8.1. Any expenses incurred relative to the grievance procedure at levels 1 through 3 shall be borne by the party incurring such expenses.
8.2. A grievant has the right to use, free of charge, any State Police copy machine for the purpose of copying grievance documents and the transcript of the employment grievance hearing.
8.3. In instances where a member appeals a level 3 decision concerning a letter of reprimand and the level 3 decision is upheld in a level 4 hearing, the grievant shall be responsible for payment of 50% of the total cost (hearing examiner, court reporter, transcripts) of the level 4 hearing.
W. Va. Code R. § 81-8-9 Mandamus Proceeding
9.1. Should the State Police fail to comply with the provisions of this rule, it may be compelled to do so by mandamus proceeding and shall be liable to any party prevailing against the State Police for court costs and attorney fees, as determined and established by the court.
W. Va. Code R. § 81-8-10 Grievant's Right to Attorney's Fees and Costs
10.1. If a member shall appeal to the Intermediate Court of Appeals an adverse decision of a hearing examiner rendered in a grievance proceeding pursuant to provisions of this rule, or if the member is required to defend an appeal and such member shall substantially prevail, the State Police shall be liable to such member upon final judgment or order, for court costs and for reasonable attorney fees to be set by the court for representing the member in all administrative hearings and before the Intermediate Court of Appeals and the supreme court of appeals and shall be further liable to the member for any court reporter costs incurred during any administrative hearings or court proceedings. In no event shall attorney's fees be awarded in excess of a total of $1,000 for the administrative hearings and Intermediate Court of Appeals proceedings nor an additional $1,000 for supreme court proceedings. The requirements of this section shall not be construed to limit the grievant's right to recover reasonable attorney's fees in a mandamus proceeding brought under section 9 of this rule.
W. Va. Code R. § 81-8-11 Failure to Pursue
11.1. A matter shall be dismissed and deemed waived by the grievant upon failure to comply with deadlines established by this legislative rule. The grievant shall have 14 days from receipt of the dismissal to object to dismissal for failure to pursue demonstrating good cause why the grievance should not be dismissed. If no timely written objection is received or the grievant fails to establish good cause for not complying with the rule’s deadlines, a written decision of dismissal will be entered. If a timely written objection is received, the grievance may be promptly scheduled for hearing or other action may be taken consistent with the orderly disposition of the grievance.
W. Va. Code R. § 81-8-12 Application of Rule
12.1. This rule applies to all grievances on or after the effective date of this rule.
81CSR8
81CSR8
Series 09 West Virginia DNA Databank
W. Va. Code R. § 81-9-1 General
1.1. Scope. -- This legislative rule establishes the methods and standards necessary to establish and administer a DNA database/databank as they relate to the collection of DNA samples, the submission of samples, the analysis of samples, the storage of samples and results, and the exchange and expungement of information concerning DNA specimens collected for DNA analysis.
1.2. Authority. -- W. Va. Code §§15-2-24, 15-2B-4.
1.3. Filing Date. - June 17, 2014 April 20,2015
1.4. Effective Date. -- July 1, 2015
W. Va. Code R. § 81-9-2 Application and Enforcement
2.1. Application - This legislative rule applies to any person or entity collecting, or causing to be collected, samples of human DNA for the purposes stated in this rule.
2.2. Enforcement - The enforcement of this legislative rule is vested with the Superintendent of the West Virginia State Police.
W. Va. Code R. § 81-9-3 Definitions
As used in this rule, unless used in a context that clearly requires a different meaning, the term:
3.1. Biochemistry Section - means the section of the State Police laboratory that administers the DNA Databank and conducts analysis of biological materials, including blood and saliva, to determine a genetic profile gleaned from DNA.
3.2. DNA - means deoxyribonucleic acid and refers to the basic biological molecule that carries and transmits genetic information.
3.3. DNA sample - means human biological material, including, but not limited to, blood and saliva from which DNA can be extracted and analyzed.
3.4. DNA Analysis - means the analysis performed on biological materials, including blood and saliva, to determine the genetic profile of the individual tested.
3.5. FBI - means the Federal Bureau of Investigation.
3.6. MUFSC - means the DNA testing facility known as Marshall University Forensic Science Center (MUFSC).
3.7. Medical Technician - means persons trained as medical technicians, emergency medical technicians, persons certified as phlebotomists by the College of American Pathology, or any other qualified phlebotomists.
3.8. Approved individual - means a probation officer, law enforcement officer or medical technician trained to collect DNA samples for the DNA Databank program.
3.9. Kit - means either the blood kit currently provided by the West Virginia State Police for the purposes of collecting Databank samples or any other collection kit provided by the West Virginia State Police for the purpose of collecting a DNA Databank sample.
3.10. CODIS - means Combined DNA Index System
3.11. NDIS - means National DNA Index System
3.12. Collection Facility - means any facility or agency that is responsible for the collection of a DNA Databank sample from qualifying individuals under their supervision.
3.13. CODIS Administrator - means the Biochemistry Section employee designated by the State Police as the person responsible for the administration of the CODIS program in the State.
3.14 Storage device - means any storage unit that can provide acceptable storage conditions for biological stains.
3.15 Criminal Justice Agency - means an agency or institution of a federal, state or local government, other than the office of public defender, which performs as part of its principle function, relating to the apprehension, investigation, prosecution, adjudication, incarceration, supervision or rehabilitation of criminal offenders.
3.16 Division - means West Virginia State Police and the Biochemistry Section of the West Virginia State Police Forensic Laboratory.
3.17 Partial Match - means that two DNA profiles, while not an exact match share a sufficient number of characteristics to indicate the possibility of a biological relationship.
3.18 Interim Plan - means the plan used currently by the Federal Bureau of Investigation for Partial Match Protocol and to be used as adopted in the management rules of this article.
3.19 Registering Agency - means West Virginia State Police.
3.20 Cold Case - means case in which all credible investigative leads have been exhausted.
W. Va. Code R. § 81-9-4 Procedures for the Collection of Samples for DNA Analysis
The following standards shall be met when collecting samples for the purposes of DNA analysis:
4.1. Representatives of the West Virginia Division of Corrections and/or Regional Jail Authority, Sheriff's Department or other authorized agency of the criminal justice system, working in conjunction with the West Virginia State Police, shall have a DNA sample collected from:
a. All individuals convicted of any offense specified in West Virginia Code §15-2B-6.
b. Where not otherwise mandated, any person convicted of a felony offense under the provisions of this code, provided that the person is under the supervision of the criminal justice system at the time the request for the sample is made. Supervision includes prison, the regional jail system, parole, probation, home confinement, community corrections program, and work release.
c. If an individual is required to register as a sex offender on or after July 1, 2011 and has not submitted a sample to the DNA Database, a sample will be collected by the State Police detachment the offender reports to. A WV DNA Collection kit with buccal swabs will be used.
d. When an individual is under the supervision of the criminal justice system as a result of a reciprocal agreement with another state for a felony conviction of a qualifying offense, that individual shall provide a DNA sample unless documented proof that a DNA sample has already been provided and uploaded to NDIS.
e. Any individual, upon notification, who was convicted of a qualifying offense on or after July 1, 2011 and was released from supervision by the criminal justice system without giving a DNA sample.
4.2. Only a licensed registered professional nurse, doctor of medicine or osteopathy, or a trained medical technician may draw a blood sample. The WVSP Kit shall be used for the withdrawal of blood only for the purpose of DNA Databank analysis.
4.3. The blood shall be drawn using the sterile, previously unused, needles and storage vessels provided in the Kit. The blood shall be drawn according to accepted medical procedures and according to the universal safety precautions outlined by the National Centers for Disease Control. The provided vessels shall be filled to capacity, if possible, and sealed according to the instructions included in the WVSP Kit.
4.4. The CODIS Administrator or designee may permit the replacement of the blood tube or other collection material by the collection facility with sterile collection material via communication with the State Police.
4.5. The collection facility shall confirm the identity of the individual whose sample is collected with an identification card bearing a photograph or through another means that would positively identify the DNA donor. Only one donor may be processed at a time to avoid potential mislabeling or misidentification of the samples.
4.6. The kit will include one information card to be used by the Biochemistry Section. The collection facility shall complete the information card in full at the time of collection according to the instructions included in the kit. The collection facility shall also complete the fingerprint identification block on the information card at the time of sample collection. Both the right and left thumb prints shall be placed in the corresponding fingerprint identification block. If a thumb print is not possible an index finger (right then left) shall be used for identity confirmation. If an index finger print cannot be collected, the middle finger (right then left), or ring finger print (right then left), or little finger print (right then left) shall be used to confirm identity. In the event that no finger print is possible due to the absence of fingers or hands, the fingerprint block shall be left blank. The identity of the digit used to make the fingerprint shall be noted on the information card.
4.7. A second individual shall verify the data on the information card when possible. The witness shall sign the information card on the appropriate signature line.
4.8. The collection facility shall ensure that the collected DNA sample and the completed information card are placed in the Kit according to the instructions, sealed, and mailed immediately to:
West Virginia State Police Biochemistry Section 725 Jefferson Road, South Charleston, WV, 25309-1698.
4.9. The collection facility obtaining the DNA sample shall maintain the logbook provided by the State Police containing the following information: the kit number, the name of the donor, the date and time of sample collection, the name of the witness, and the name of the collecting technician. The log shall be completed in full at the time of sample collection.
4.10. The collection facility shall provide the Biochemistry Section with a copy of the log book containing entries from the previous three months on a quarterly basis each calendar year. The copy of the log book shall be sent to:
West Virginia State Police, Biochemistry Section, 725 Jefferson Road, South Charleston, WV, 25309-1698 The collecting facility shall send the log sheets even if no log entries occurred in the three months prior to the mailing dates.
4.11 The agency having custody, control or providing supervision of persons convicted of a qualifying offense may develop rules and policies detailing the time and manner of sample collection as long as they do not conflict with the WV Code, these legislative rules and are made in consultation with the West Virginia State Police Forensic Laboratory CODIS Administrator or designee. A WV DNA Collection kit must be used to obtain the DNA sample and the personal information card must be completed.
4.12. The court sentencing a person convicted of a qualifying offense to probation shall order, as a condition of probation, that the convicted person report to the local sheriff's department to provide a DNA sample within 30 days. If the Sheriff's Department has already collected a DNA sample from the person, a second sample does not need to be collected.
W. Va. Code R. § 81-9-5 Receipt of Blood and DNA Samples at State Police Headquarters
The CODIS Administrator or designee is responsible for receipt of samples collected under this rule, and shall meet the following standards:
5.1. The CODIS Administrator or designee shall record the following on the kit information card: the date of reception, the individual receiving the kit and the submitting facility if needed.
5.2. The CODIS Administrator or designee shall enter information from the Kit's information card into the appropriate computer file. The card shall be labeled with a unique identifier and shall be filed in a secure location. Upon confirmation that a sample is a duplicate of a sample currently in the Databank the duplicate may be destroyed or entered in to the Databank as a quality control sample.
5.3. Each DNA sample received shall be processed according to the existing Biochemistry Section safety and quality assurance guidelines. A minimum of two stain cards shall be prepared from the sample contained in the Kit. Each prepared stain card shall be labeled with unique identifiers. Samples shall be prepared for long term storage based on the sample medium. All prepared stains shall be stored, upon drying, in sequential order in a long-term storage device. A stain and/or liquid sample shall be forwarded to MUFSC. In the case of DNA samples other than blood, up to one half of the total sample shall be forwarded to MUFSC.
W. Va. Code R. § 81-9-6 Transport and Receipt of DNA Samples to MUFSC for DNA Analysis
The CODIS Administrator or designee shall be responsible for transportation to and receipt from MUFSC of DNA samples and shall meet the following standards:
6.1. DNA samples prepared for transport shall only be labeled with the assigned unique identifier.
6.2. The CODIS Administrator or designee_shall be responsible for transporting the DNA samples to MUFSC. A sample transport and receipt form shall be completed and signed by the transporting and receiving individuals. A copy of the transport and receipt form will be maintained in the records of both agencies.
6.3. MUFSC, upon receipt of the DNA samples shall log the date of receipt for each sample into the appropriate file in the West Virginia DNA Databank software. MUFSC will only have access to the race, gender, unique identifier and transfer dates of each file.
6.4. Upon receipt, DNA samples shall be stored in a secure, medium appropriate storage device. A refrigerated storage device shall be connected to an auxiliary power source in the event of power failures.
6.5. MUFSC shall document all transactions involving the DNA samples including internal transfers, transfers of DNA samples to the Biochemistry Section or destruction of DNA samples under the authority of the CODIS Administrator or designee. Any liquid samples will be destroyed upon confirmation, in writing, of a successful upload of the DNA profile to the national database (NDIS) by the CODIS Administrator.
W. Va. Code R. § 81-9-7 Handling, Processing and Analyzing Blood Samples at MUFSC
MUFSC shall perform the handling, processing and analysis of DNA samples according to the nationally accepted guidelines for DNA analysis promulgated by the FBI Director, the guidelines promulgated by the American Society of Crime Laboratory Directors Laboratory Accreditation Board, and the National DNA Index System (CODIS) Standards for the Acceptance of DNA Data. In addition to the preceding requirements the handling, processing, and analysis of samples shall meet the following standards:
7.1. Only personnel who have successfully completed the required proficiency test(s) approved by the State Police shall conduct DNA analysis on the DNA samples submitted by the State Police.
7.2. Only MUFSC personnel who have their personal DNA profiles on file with the State Police shall conduct DNA analysis on DNA samples submitted by the State Police.
7.3. The State Police shall conduct periodic quality control inspections and/or audit reviews of MUFSC. MUFSC shall conduct DNA analysis according to a State Police approved quality assurance program.
7.4. All DNA analysis data shall be generated using amplification kits approved by the Biochemistry
Section and shall be forwarded to the Biochemistry Section for inspection and approval.
7.5. All DNA data generated by MUFSC shall be stored in a format compatible with the Combined DNA Index (CODIS) employed by the State Police and the FBI. Data generated at MUFSC shall be stored in a location and in a way that is secure from alteration and destruction. All samples and data shall be returned upon the request of the West Virginia State Police.
W. Va. Code R. § 81-9-8 The Monitoring, Inspection, and Prohibition on the Exchange of Information
In order to safeguard the donor's personal privacy, the following standards shall apply to the gathering and exchange of information:
8.1. Only the information required to generate investigative leads shall be entered into CODIS.
Names, addresses, criminal histories or other personally identifiable information shall not be included.
8.2. The Biochemistry Section shall restrict access to DNA analysis records to criminal justice DNA laboratories participating in NDIS. The Biochemistry Section shall release a DNA record to other laboratories only when a potential DNA match is discovered. The Biochemistry Section may release identifying information only upon the verified request of an investigating law enforcement or governmental agency for limited purposes including law enforcement identification, judicial proceedings and identification of human remains or missing persons.
8.3. Samples, stripped of all identifying information, may be used by the West Virginia State Police Forensic Laboratory for identification research, protocol development, quality control purposes and population statistics databases. These samples may also be provided to MUFSC for similar purposes.
8.4. The West Virginia DNA Databank computer software shall employ user authentication and access control. The software shall uniquely identify each user and all activity by a user shall be monitored. Transaction activities shall be monitored by the computer system to record when and by whom a deletion is made, who adds a file or who edited a file last. User authority shall be segregated to limit the activities that one user may perform as opposed to other users.
8.5. The computer housing the CODIS software shall employ user authentication and access control.
The software shall uniquely identify each user. The CODIS Administrator or designee shall be responsible for limiting the activities one user may perform as opposed to other users.
8.6. Confirmation of in-state searches of CODIS shall be limited to open criminal cases or cases that are being actively investigated by a law enforcement agency. If a potential DNA match is identified, authorized Biochemistry Section personnel shall generate a match report. The match report maybe used to establish probable cause by the investigating agency to obtain a court order for the collection of a fresh reference sample.
8.7. The CODIS Administrator or designee shall ensure that all data entered into the Databank shall comply with the approved quality assurance guidelines of the State Police Crime Laboratory. Data from all points of entry, collection, storage, and testing shall be routinely monitored to insure its integrity.
8.8. A defendant is entitled only to his or her own DNA sample for the purposes of criminal defense or appeal.
W. Va. Code R. § 81-9-9 The Expungement of Information
Authorized personnel assigned to the Biochemistry Section shall supervise the expungement of DNA analysis records based on the following standards:
9.1. The Biochemistry Section shall expunge records upon receipt of both a court order and pursuant to a written request. The Biochemistry Section shall contact the ordering court and have the order verified before expungement.
9.2. The Biochemistry Section shall maintain a file of all expungement orders received and processed.
9.3. The Biochemistry Section, upon confirmation of the court order, shall erase from the main file and all backup files of the DNA Databank computer all information and records relating to the donor and conviction named in the order. All of the computer files of the donor shall be deleted from the state (CODIS) and national (NDIS) databases and the Biochemistry Section shall destroy the corresponding information card, and any copies that may exist on file. The Biochemistry Section shall destroy all corresponding DNA samples collected for the purpose of DNA analysis and in the possession of or under the jurisdiction of the Biochemistry Section unless the donor wishes to take possession of the DNA sample. The Biochemistry Section shall destroy DNA samples according to accepted safety guidelines for biohazard materials.
9.4. The Biochemistry Section shall send a letter of expungement to the court of record upon compliance with the court order.
W. Va. Code R. § 81-9-10 Collection of fees from convicted offenders
10.1. A fee of $150 shall be assessed on any person convicted of a qualifying offense on or after July 1, 2011, unless the court finds that undue hardship would result. For individuals required to submit DNA samples for a qualifying offense for which the individual was convicted prior to July 1, 2011, no fee may be imposed.
10.2. All moneys collected from this fee shall be deposited in a special account within the State Treasury known as the "West Virginia State Police DNA Database Account".
10.3. The Superintendent of the West Virginia State Police shall administer the "Account". A committee comprised of the West Virginia State Police Forensic Laboratory Director, State CODIS Administrator and a representative of the Sheriff's Association will advise the Superintendent on expenditure priorities.
10.4. Expenditures from the fund are authorized from collections for purposes associated with the processing of DNA samples for the DNA database including, but not limited to, collection kits and any expenses incurred collecting, processing, analyzing, reviewing and uploading DNA samples to the DNA Database.
W. Va. Code R. § 81-9-11 Procedures for Partial Matches with the DNA Database Partial matches may occur with the DNA Database when searches are conducted as a normal course of business. Partial matches may indicate the possibility that a relative of the candidate offender may be the source of the DNA identified from the evidence. To eliminate as many adventitious (false) matches as possible, all of the following parameters must be met:
11.1 Partial match evaluations are limited to criminal investigations involving murder, kidnapping or first-degree sexual assault or second-degree sexual assault as defined in West Virginia Code. All other credible investigative leads must have been exhausted before the partial match evaluation begins.
11.2 All available CODIS loci, especially the CODIS core loci, should be used for searching. The CODIS core loci are necessary if requests for searches are made to contiguous states.
11.3 The DNA profile identified from the evidence must be from a single source or a single source profile must be deconvoluted from a mixture with as many heterozygous loci as possible.
11.4 There must be sufficient DNA material from the original evidentiary sample available to conduct additional testing such as Y-STRs or mtDNA testing as appropriate.
11.5 A kinship statistical analysis should be performed to determine the likelihood that a partial match is with a relative versus a nonrelative. The statistical software should be applicable to this type of analysis. Thresholds as recommended by the Scientific Working Group on DNA Analysis Methods (SWGDAM) should be used to determine whether to continue with the evaluation.
11.6 Non-forensic records should be reviewed to determine the possible familial connections to the candidate offender.
11.7 The investigating agency must agree to pursue the investigation if name(s) are released as a result of the partial match evaluation. Any communications with the investigating agency must clearly state that the partial match is not an identification but an investigative lead.
11.8 A West Virginia State Police investigator with experience in cold case investigations may be used by the Laboratory to identify and review non forensic records as a part of the evaluation prior to release of any names to the investigating agency.
Series 10 West Virginia State Police Professional Standards Investigations
W. Va. Code R. § 81-10-1 General
Scope. -- This legislative rule explains the processes employed by the West Virginia State Police in dealing with allegations of employee misconduct, enhanced reporting for response to resistance or aggression incidents, progressive employee discipline, and internal systems aimed at evaluating and addressing employees suffering from either job-related or non-job-related stress.
Authority. -- W. Va. Code §15-2-25.
1.3. Filing Date. -- April 20, 2023.
1.4. Effective Date. -- May 1, 2023.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.
W. Va. Code R. § 81-10-2 Definitions
As used in this rule, unless used in a context that clearly requires a different meaning, the following terms shall mean:
2.1. Administrative or Internal Investigation: An investigation conducted at the direction of the Superintendent and pursuant to a special order, by or on behalf of the Professional Standards Section, intended to determine if misconduct has occurred and whether administrative sanctions are warranted for an employee named in a complaint.
2.2. Case File: The entire collection of confidential documents and certain items of tangible evidence, including the final report, relating to an internal investigation.
2.3. Complaint: Any allegation of an act by an employee which is contrary to written rules, procedures, directives, or orders of the State Police; or an act or omission which, if substantiated, would constitute a violation of the law or which tends to indicate an actual or potential defect in agency rules, policies, procedures, directives, orders, or the delivery of services. A disagreement with a policy or law or the proper application of a policy or law is not considered a complaint.
2.4. Counseling: A documented discussion with the employee about a work performance or behavior problem which, if not corrected, could lead to a disciplinary action.
2.5. Critical Incident: Any incident where an employee is caused to employ potentially lethal force in the form of a firearm, a vehicle, or other potentially lethal force; an incident resulting in the death or severe injury of a co-worker or any other person; or the use of deadly force by anyone against the employee or a co-worker leading to death, physical injury, or psychological injury.
2.6. Discharge: An involuntary dismissal from employment ordered by the Superintendent and effected by written State Police special order.
2.7. Disciplinary action: Formal, corrective measures based on a violation of established standards of conduct, which includes discussion of the offense, an explanation of the evidence, and issuance of a written notice by the Superintendent.
2.8. Early Identification System: A system designed to analyze real-time data pertaining to complaints lodged against employees and employee’s involvement in response to resistance or aggression incidents. The system identifies employees who may be experiencing stress or other problems which may adversely affect job performance.
2.9. Employee: Any employee of the State Police.
2.10. Employee Grievance Procedures: The procedures initiated by sworn members and civilian employees, to address and resolve perceived adverse supervisory decisions, policy failures, and other work-related complaints.
2.11. External Complaint: A complaint initiated by someone other than an employee.
2.12. Insubordination: A willful disregard of an employer’s instructions. An act of disobedience to proper authority. Insubordination shall include, but is not limited to, resistance or defiance of authority, disobedience, refusal or failure to obey reasonable and lawful instructions, insolence, rudeness, rebellious, or disobedient behavior.
2.13. Internal Complaint: A complaint initiated by an employee.
2.14. Investigator: Any supervisory member authorized by the Section to conduct an internal investigation as provided for in this rule.
2.15. Officer-in-Charge, Professional Standards Section or OIC: That member designated by the Superintendent to oversee and direct the operations of the Section.
2.16. Personnel Complaint Form: A form to file a formal complaint against an employee of the State Police that can be obtained via the State Police website or at any State Police facility.
2.17. Section: The Professional Standards Section of the State Police.
2.18. Section Files: The files maintained by the Section of the State Police which include reports of response to resistance or aggression incidents, vehicle pursuit documentation, department crashes, psychological assessments/fitness for duties, and internal/external complaints.
2.19. Superintendent: The Superintendent of the State Police or his or her duly authorized agent.
2.20. Suspension: An involuntary separation from the State Police during a limited period for disciplinary reasons.
W. Va. Code R. § 81-10-3 Professional Standards Section Organization and Responsibilities
3.1. The Section is under the command of the OIC and is directly responsible to the Superintendent. The Superintendent shall staff the Section with appropriate investigators to conduct internal investigations, personnel inspections, and facility inspections.
3.2. The OIC is responsible for the organization and management of the Section. The OIC shall supervise the Section's office staff and receive all complaints, make recommendations to the Superintendent with regards to the assignment of internal investigations, and administer the early identification system and the employee grievance process.
3.3. The OIC shall have all section files recorded in a database and assigned an individual case number. The OIC shall ensure the confidentiality of all documents and reports relating to the investigation of any complaint through strict control of the Section’s files.
3.4. The OIC shall prepare an annual statistical report concerning the Section's activities which shall be available to employees and members of the public.
3.5. The OIC shall apprise the Superintendent of situations or facts concerning employee complaints and investigations that may be of public concern or allege the commission of a serious misdemeanor or felony by an employee.
3.6. The Section shall make information available to the general public regarding the complaint procedure against the State Police or its employees. The information may be accessed through the State Police website, brochures at each State Police facility, and/or by contacting the Section.
3.7. Investigators assigned to internal investigations shall forward to the OIC an accurate and complete report, and the remainder of the case file, within 30 working days of the day the investigation is received by the investigator unless an extension is granted by the OIC. In addition, investigators shall inspect State Police facilities and perform other duties as assigned by the OIC.
3.8. The OIC or any other Section member may be contacted during off-hours for emergency complaints by contacting the Communications Section of the State Police at (304) 746-2158.
3.9. The Section's address is West Virginia State Police, Professional Standards Section, 725 Jefferson Road, South Charleston, West Virginia, 25309-1698.
W. Va. Code R. § 81-10-4 Incidents to be Investigated
4.1. The State Police shall investigate all complaints received by the Section. Provided, that anonymous or third-party complaints of a minor nature will be investigated at the discretion of the OIC.
4.2. The OIC shall determine the criteria for the assignment of minor complaints for internal investigations to line supervisors in cases of alleged rudeness, tardiness, or other complaints of a similar nature. The OIC shall have the discretion to assign internal investigations to specially trained members not permanently assigned to the Section. Once assigned, that investigator may be relieved of his or her regular duties as may be required to complete the investigation. Investigators assigned to internal investigations shall report directly to the OIC. Assigned investigators shall not discuss the investigation with anyone except the Superintendent, the OIC, or any person authorized by the OIC to receive investigative information.
W. Va. Code R. § 81-10-5 Complaint Filing Procedure
5.1. A person may file a complaint with any State Police employee within 12 months of the date of incident. If the complaint falls outside the statute of limitations, the OIC shall review the contents of the complaint, determine the seriousness of the allegations, and decide if an investigation is warranted. Whenever possible, employees receiving complaints shall attempt to refer the complainant to the affected employee’s immediate supervisor who shall prepare the Personnel Complaint Form, or directly to the Section. If the immediate supervisor is not available and the complainant does not wish to contact the Section directly, the State Police employee shall take the complaint.
5.2. Any employee shall accept all complaints against other employees and complete the Personnel Complaint Form. The employee shall forward the completed form via electronic mail to the Section as soon as possible and mail the original directly to the Section.
5.3. The Personnel Complaint Form shall state the name of the involved employee, the date, time, and location of the alleged misconduct, a detailed description of the alleged misconduct, names of witnesses, and the remedy requested by the complainant. The Personnel Complaint Form shall contain a section that advises the complainant that providing false information to the State Police is a violation of W. Va. Code §15-2-16 and W. Va. Code §61-5-17(o), and that the State Police may pursue criminal and/or civil sanctions if the investigation determines the complaint or any statements made are without foundation, basis, false, or not factual. The form shall advise the complainant that he or she may be required to testify in court or administrative hearings regarding the complaint.
5.4. Any employee who fails to accept, record, and/or forward to the Section any complaint the employee receives is in violation of State Police policy and subject to disciplinary action. Employees receiving complaints are considered to have complied with complaint reporting requirements if the provisions of section 5.5 are met.
5.5. Employees receiving complaints shall advise complainants they may file a formal complaint by contacting the Section directly at (304) 746-2110 in lieu of filing the complaint at the local State Police office.
5.6. Employees taking complaints shall not make or retain a physical copy of the completed Personnel Complaint Form or any related documents other than those kept in the normal course of business.
5.7. Members accepting complaints involving the response to resistance or aggression by a State Police employee where the alleged victim of the response to resistance or aggression is present at the time the complaint is registered, shall take or cause to be taken detailed color photographs of the alleged victim whether or not any visible evidence of physical injury exists if the alleged victim consents to the taking of the photographs.
5.8. The OIC shall send a letter to the complainant, if known, acknowledging the complaint has been received for processing. The letter shall include the individual case number assigned to the matter and the name of a person who can relate the status of the investigation. Also, the OIC shall notify the employee, in writing, concerning the nature of the complaint, its status, and if any investigation is forthcoming as soon as a determination of the necessary scope of the investigation is complete. There is no duty under this section to notify an employee or complainant if the notification would hinder or jeopardize any investigation of the complaint. The OIC shall advise investigators regarding procedures for investigations, reviewing case files for completeness, and forwarding case files through the proper chain of command to the Superintendent for final review. The OIC shall send closing letters to all concerned parties upon completion of each investigation.
5.9. Complaints involving the Americans with Disabilities Act, Age Discrimination in Employment Act, or the Civil Rights Act, shall be acted upon in collaboration with the State Police Equal Employment Opportunity Counselor.
W. Va. Code R. § 81-10-6 Records Retention
6.1. In order to better facilitate the operation of a progressive system of discipline and to provide for the various statutes of limitations pertaining to civil litigation, the Section shall retain records and documents associated with all section files for a period of four years from the final disposition. Section files shall include, if applicable, imposition of disciplinary action, exhaustion of all appeals, and resolution of any civil action(s) relating to the complaint.
6.2. The Section shall store all files in a secured environment, with access restricted to the Superintendent, the OIC, and members and civilian employees of the Section. Investigators or any other employee working with the investigator and outside of the Section office shall store and handle documents, evidence, and other items related to the investigation in a manner that shall ensure their confidentiality and integrity. Documents, evidence, and other items related to complaints, internal investigations, and/or contained in section files shall only be released, disseminated, or disclosed, by the direction of the Superintendent, by order of a court with competent jurisdiction, or pursuant to a public records request. Any public records request for documents received pursuant to W. Va. Code §29B-1-1 et seq. shall be immediately forwarded to the State Police Legal Division.
W. Va. Code R. § 81-10-7 Operational Procedures
7.1. If an investigation conducted by or at the direction of the Section leads to information indicating that criminal charges could be filed, the investigator shall immediately notify the OIC who shall notify the Superintendent. The Superintendent may authorize a separate criminal investigation to be initiated by a member other than the investigator assigned to the internal investigation. If criminal charges are filed against an employee, the Superintendent may authorize the initiation or continuation of an on-going administrative investigation.
7.2. By virtue of W. Va. Code §15-2-21, the Superintendent has the sole discretion to demote, discharge, and suspend employees from duty. The Superintendent, upon receiving a complaint against an employee or upon otherwise learning of misconduct by an employee, may temporarily relieve the employee from duty pending further investigation, with or without compensation, pursuant to State Police operating policy and procedure. During any administrative leave attendant to an internal investigation, the employee shall surrender his or her State Police identification, and if a member, all badges, State Police issued weapons, or other State Police property in his or her possession or control. Further, members shall be relieved of any police authority during the pendency of any administrative leave.
7.3. The investigator, when possible, shall record the complainant's statement on audio and/or video or by handwritten statement signed by the complainant. The investigator shall not summarize or paraphrase interviews of the complainants in lieu of a handwritten or recorded statement. The investigator shall not permit conversations "off the record" unless the subject of the interview agrees and the record reflects when the conversation goes off the record, the purpose for doing so, and the time. Any recordings made pursuant to this section shall become an exhibit included in the case file. The OIC may have the statement transcribed and the transcription shall become a part of the case file.
7.4. The investigator, when possible, shall record any witness statements on audio and/or video or by handwritten statement signed by the witness. The investigator shall not summarize or paraphrase interviews of the witnesses in lieu of a recorded or handwritten statement. The recordings, transcriptions, and written statements shall be included in the case file by the investigator. The investigator shall not permit conversations "off the record" unless the subject of the interview agrees and the record reflects when the conversation goes off the record, the purpose for doing so, and the time. Any recordings made pursuant to this section shall become an exhibit included in the case file. The OIC may have the recordings transcribed and the transcription shall become a part of the case file.
7.5. Investigators shall gather all physical evidence connected with the case including, but not limited to, photographs, video recordings, audio recordings, reports, logs, drawings, sketches, pertinent records, and other background evidence.
7.6. During the internal investigation, the investigator shall avoid making assertions concerning his or her perception of the investigation which may result in the complainant reaching a premature or inappropriate conclusion regarding the final disposition of the matter. Further, the investigator shall not make assertions after having interviewed one principle or faction involved in the allegations.
7.7. The investigator shall include in the case file a notation of any instances of poor cooperation on the part of the complainant, the employee who is the subject of the complaint, or any witnesses or other persons interviewed during the internal investigation.
7.8. The investigator shall detail in an internal investigation report the facts ascertained during an internal investigation. The OIC shall determine the reporting format and the substance of all forms used pursuant to this rule. The investigator shall state a conclusion of fact for each allegation of misconduct alleged by the complainant or revealed by the investigation from among the following dispositions:
7.8.1. Sustained: The validity of the complaint has been established and proven by a preponderance of the evidence;
7.8.2. Not Sustained: The complaint is not established by the evidence and can be neither proven nor disproved by the evidence available;
7.8.3. Unfounded: The complaint is without foundation, basis, is false, or not factual;
7.8.4. Policy Failure: The allegation is true, and although the action of the member or the employee was not inconsistent with State Police policy, the complainant suffered harm;
7.8.5. Exonerated: The incident occurred, but the employee acted lawfully and properly; or
7.8.6. Withdrawn: The complaint was withdrawn by the complainant.
7.9. The investigator shall submit the investigation report and the remainder of the case file as required by section 3.7 of this rule. Case files, or copies of case files, shall not remain on detachment, district, or troop level except as authorized by the OIC. The OIC shall review the entire case file for content, form, and completeness. The OIC shall formulate recommendations for final disposition of the complaint and forward the case file, with recommendations, to the Superintendent for final disposition.
W. Va. Code R. § 81-10-8 Employee Rights and Conduct During an Internal Investigation
8.1. Prior to questioning an employee in connection with an internal or administrative investigation, the investigator shall apprise the employee of the nature of the allegations in the complaint, the name of the investigator assigned to the case, and the names of all persons present during the interview session.
8.2. The investigator, at his or her discretion, shall conduct interviews at reasonable times and places.
8.3. The investigator shall conduct the interview while the employee is normally on-duty unless the employee agrees to participate in an interview while off-duty. In cases where the OIC determines that the allegations involve extremely serious matters of public interest or allegations which may bring the State Police into disrepute, the employee may be questioned during off-duty or non-waking hours. This shall not apply in instances where the Superintendent has placed the employee on administrative or other leave pending the outcome of the investigation.
8.4. The investigator shall digitally record on either audio and/or video all interviews with the employee who is the subject of the investigation. In the case of a minor complaint, a handwritten statement or letter from the employee who is the subject of the investigation may be sufficient. The investigator will not summarize or paraphrase the interview in lieu of a recorded statement. The investigator shall not permit conversations "off the record" unless the employee agrees and the record reflects when the conversation goes off the record, the purpose for doing so, and the time. All recordings made pursuant to this section shall become an exhibit included in the case file. The OIC may have the recordings transcribed and the transcriptions shall become a part of the case file. Copies of the original recordings or transcriptions shall be made available only to the employee who made the statement with the understanding that the employee shall not disclose the contents of either, unless the employee is required to disclose the contents as a means of defending himself or herself. Any breach of this procedure is an offense that may subject the employee to disciplinary action.
8.5. An employee questioned in connection with an internal investigation has no right to counsel and no right to avoid self-incrimination. An employee may consult with legal counsel prior to or following an administrative interview. Employees who are either subject to or questioned in connection with an internal investigation shall answer all questions truthfully, file written reports as ordered by the Superintendent or OIC and testify in administrative hearings. Employees are required to cooperate fully with the investigators in all phases of any internal investigation.
8.6. The investigator shall advise employees subject to an internal investigation of the "Administrative" or "Garrity" warnings, contained on West Virginia State Police form #173. The investigator shall read the provisions of the form into the recording of the interview. The investigator and the employee shall sign the acknowledgment section of the form. The investigator may give a copy of the warning form to the employee, but the original form shall be retained by the investigator and included as an exhibit in the case file.
8.7. During an internal investigation interview, no more than two investigators shall be present with the employee during questioning. The investigators shall not subject the employee to offensive language, threaten punitive action, or make promises of reward as an inducement to answer questions.
8.8. The investigator shall conduct internal investigation interviews of a reasonable duration, considering the complexity and gravity of the allegations in the complaint. The investigator shall afford the employee reasonable time away from the interview for meals and physical necessities.
8.9. The State Police shall limit the use of polygraph examinations to those cases in which the allegations are relatively serious. The investigator shall obtain approval for the use of polygraph examinations from the Superintendent or the OIC.
8.9.1. Polygraph results shall be included as additional evidence to be considered by the Superintendent, OIC, and the investigators. No conclusion should be drawn solely on the outcome of the polygraph examination. If the complainant is not an employee, no conclusion shall be drawn based upon an agreement or refusal to take a polygraph examination.
8.9.2. Investigators shall not offer polygraph examinations during the initial interview of a complainant. However, it may be mentioned as a possibility later in the investigation and may be conducted at the request of the complainant, and if the complainant is an employee, the polygraph may be ordered.
8.9.3. If the OIC determines that all leads have been appropriately pursued in cases where the complainant is not an employee, and that the offer of a polygraph examination is appropriate, the complainant, will be requested to take the examination prior to the employee. If the complainant refuses to take the polygraph examination, the employee may still be required to submit to the test. When the complainant is an employee, the OIC shall determine the order of polygraph administration.
8.9.4. An employee, who is the subject of the internal investigation, may request to take the polygraph examination before the complainant. The OIC shall decide if the incident is of a serious nature and would justify modification of subsection 8.9.3. The operator shall inform the employee of the "Administrative" or "Garrity" Warnings, and the employee shall sign a waiver of liability prior to the administration of the polygraph examination.
8.9.5. The Superintendent, at his discretion, may dismiss from employment any employee who refuses to take a polygraph examination when so ordered.
8.9.6. Questions used in the polygraph examinations shall be pertinent to the subject of investigation except that the polygraph examiner may utilize control questions as may be necessary to validate an examination within the scope of acceptable polygraph procedure.
8.9.7. Employee polygraph examination results are confidential and shall be available only to the employee, the Superintendent, the OIC, the investigator, and grievance evaluators participating in the State Police employee grievance procedure.
8.9.8. State Police polygraph operators shall be used for internal investigations. The Section shall not use one operator exclusively when multiple operators are available.
8.10. As part of an internal investigation, an employee who is the subject of the investigation may be required to:
8.10.1. Submit to medical or laboratory examinations;
8.10.2. Submit to a chemical test of his or her breath for the purpose of determining the alcoholic content of his or her blood;
8.10.3. Be photographed;
8.10.4. Participate in a line-up;
8.10.5. Submit financial disclosure statements. No employee shall be required or requested to disclose any item of his or her property, income assets, source of income, debts or personal domestic expenditures, including those of any member of his or her family, or household. Provided, That disclosure of financial information may be required if the information is necessary in investigating a possible conflict of interest with respect to the performance of his or her official duties, the disclosure is required by law, or the information is related to an investigation;
8.10.6. Submit to psychological examinations; or
8.10.7. Submit to searches of any State Police supplied equipment and any personal items stored within that State Police equipment by an employee or any State Police equipment secured by a lock owned by an employee. State Police equipment includes, but is not limited to, vehicles, lockers, desks, cabinets, computers, and any electronic devices.
8.11. The OIC may require an employee to submit to an examination or test when the examination is specifically directed and narrowly related to a particular internal investigation being conducted. The requirement shall not apply if it conflicts with current applicable law. An example of the use of this process would be in the determination of drug use by an employee. An examination might also be required to determine an employee’s fitness for duty when there is cause to believe an employee suffers from excessive weight, apparent intoxication, alcoholism, or psychological problems.
8.12. As a part of an internal investigation, the State Police shall, to the degree possible, protect an employee from exposure to the news media with or without the employee's written consent. The State Police shall not, pursuant to an internal investigation, release an employee's home address, home/cellular telephone number, or photograph without the employee's consent.
8.13. Upon completion of the investigation and review by the OIC and the Superintendent, the OIC shall notify the employee who is the subject of the investigation that the investigation is complete. If no disciplinary action is proposed against the employee, the OIC shall inform the employee of the results, and the matter shall be closed. If disciplinary action is proposed and authorized by the Superintendent, the employee shall be provided the Superintendent’s Notice of Intent to Discipline. The notice shall include a written statement detailing the charges attendant to the disciplinary action with appropriate citations to codes, policies, procedures, or accepted operating practices where applicable. Upon receipt of the Superintendent’s Notice of Intent to Discipline, the employee shall indicate on the notice whether he or she requests a pre-deprivation hearing and a copy of the case file, or whether he or she waives his or her right to the pre-deprivation hearing. If the employee waives his or her right to the pre-deprivation hearing, he or she shall also waive his or her right to a copy of the case file.
8.14. When the employee indicates on the Superintendent’s Notice of Intent to Discipline that he or she requests a pre-deprivation hearing and a copy of the case file, the OIC shall create a copy of the case file and provide notice to the employee of the availability of the copy of the case file. The copy provided to the employee shall exclude all identifying information of any person requesting to remain confidential, and the copy shall exclude all recommendations of charges, disposition, or punishment. The employee shall sign a receipt indicating he or she received the case file material and execute a confidentiality agreement with the State Police agreeing to not disclose any of the material contained in the case file for any purpose other than to defend himself or herself. An employee who violates the confidentiality agreement may be subject to disciplinary action.
8.15. The OIC shall schedule the pre-deprivation hearing before the Superintendent. The pre-deprivation hearing shall occur not less than 10 days after the OIC provided notice to the employee of the availability of a copy of the case file regardless of when the employee takes possession of the copy of the case file. Following the pre-deprivation hearing, the Superintendent shall issue his or her decision.
8.16. A member may seek redress for any adverse disciplinary action through the West Virginia State Police Grievance Procedure, 81 CSR 8. Civilian employees may seek redress for an adverse disciplinary action through the West Virginia Public Employees Grievance Procedure, W. Va. Code §6C-2-1 et seq. Probationary members of the State Police as defined in W. Va. Code §15-2-21 et seq. and civilian employees during the first six months of employment shall have no right to grieve any disciplinary action issued by the Superintendent through the respective grievance procedures.
8.17. If a criminal investigation is initiated by the State Police or another law enforcement agency regarding the allegations or events referenced in the complaint filed against a State Police employee, any information obtained from that employee pursuant to an “Administrative” warning given to that employee during the internal investigation of that complaint shall not be available to the criminal investigators unless the employee was apprised of and waived his or her constitutional rights as detailed in the State Police Miranda Warnings Form.
W. Va. Code R. § 81-10-9 Early Identification System
9.1. The Early Identification System shall be maintained and administered by the Section. The Superintendent shall appoint an Internal Review Board consisting of the Deputy Superintendent, Chief of Staff Services, Chief of Field Operations, OIC, and any other persons authorized by the Superintendent to review and evaluate employees who are identified by the system. The system shall produce real-time data for review by the Internal Review Board alerting the names of all employees who have entered the system based on external citizen complaints, internal complaints, or response to resistance or aggression incidents. Employees who have received two or more complaints (internal and/or external) or who have been involved in three or more response to resistance or aggression incidents during a three-month period are subject to review by the Internal Review Board. The Board may determine that no further action is required, the employee be referred to the employee assistance program, the employee be referred for remedial training, or the employee be subject to review by the employee's immediate supervisor to attempt to determine the reasons for the employee's conduct or any circumstances that may have contributed to the conduct and evaluate the employee’s current performance.
9.2. If the employee is subjected to supervisory review, the immediate supervisor shall forward a written summation of his or her review and evaluation to the Internal Review Board within 30 days. The Board shall review the supervisor’s summation and either determine no additional review or other action is warranted or recommend some other action to the Superintendent. In instances where the employee is referred to the employee assistance program, the Superintendent shall determine if any additional action is required in relation to the employee once the referral report is received.
9.3. The system shall also provide real-time data alerting the names of all employees who have entered into the system during a 12-month period who have either received four or more internal and/or external complaints, or who have been involved in six or more response to resistance or aggression incidents. The analysis shall serve to identify those employees who do not necessarily meet the criteria for review based on a three-month period, but who exhibit a pattern of conduct over a longer period of time that warrants review.
9.4. The Section may provide the system reports to identified employee’s supervisors as another resource in attempting to determine if job stress and/or performance problems exist with their subordinates. The reports should be reviewed in conjunction with other criteria known to the supervisor to facilitate a fair and meaningful assessment of the employee. The system reports shall make no conclusions or determinations concerning job stress and/or performance problems.
9.5. The Section shall also provide data to the Internal Review Board that will assist that body in determining if subordinates of certain supervisors tend to be employees frequently identified by the system. The board may use the data to identify supervisors who may be employing ineffective or inappropriate management techniques. The names of any supervisors identified shall be forwarded to the Superintendent for review and action.
W. Va. Code R. § 81-10-10 Psychological Assessment Program
10.1. This program provides a process for mandatory psychological review of employees in situations where an employee's job performance or actions may be detrimental to the State Police's mission and cause the employee's psychological fitness for duty to be in question. Through this process, the employee's level of psychological fitness for duty is determined. When appropriate, assistance shall be made available to facilitate the employee’s return to psychological fitness in instances where the employee is determined to be unfit for duty with a reasonable prognosis that rehabilitation to full duty psychological fitness can be achieved.
10.2. The following are examples, although not all inclusive, of circumstances in which an employee's psychological fitness for duty may be in question:
10.2.1. The employee fails to exercise sound or reasonable judgement;
10.2.2. The employee fails to recognize parameters of authority;
10.2.3. The employee fails to function effectively within the rules, guidelines, and policies of the State Police.
10.2.4. The employee is suspected of substance abuse (alcohol or drugs);
10.2.5. The employee has continued citizen complaints regarding conduct on or off duty;
10.2.6. The employee exhibits supervisory problems, and fails to respond to corrective measures;
10.2.7. The employee exhibits excessive use of sick leave, disability leave or workers compensation claims;
10.2.8. The employee’s return from sick leave and/or leave of absence precipitated by psychiatric, psychological, and/or stress related illness and/or substance abuse; or
10.2.9. The employee is involved in a critical incident and his or her psychological fitness for duty is in question.
10.3. Procedures.
10.3.1. Any employee shall consult his or her Troop or Section Commander, if in the opinion of the employee, another employee’s actions indicate a question of psychological fitness for duty. The Troop or Section Commander shall evaluate the circumstances surrounding the alleged incident, collect any supporting documentation and make a written recommendation to the Superintendent concerning the employee’s duty status and/or need for a fitness for duty evaluation.
10.3.2. The Superintendent may place an employee involved in a critical incident or whose psychological fitness for duty is in question on administrative leave, with or without pay, pursuant to State Police operating policy and procedure. During any administrative leave attendant to a psychological fitness for duty evaluation, the employee shall surrender his or her State Police identification, and if a member, all badges, State Police issued weapons, or other State Police property in his or her possession or control. Further, members on administrative leave pending a psychological fitness for duty evaluation shall be relieved of any police authority during the period of administrative leave. The employee shall remain on administrative leave as determined by the Superintendent pending a determination of the employee's psychological fitness for duty or completion of any investigation related to any critical or other incident. If the employee's psychological fitness is at issue, the employee shall return to duty only after he or she is psychologically fit. The Superintendent may consult a doctoral level clinical psychologist, psychiatrist, or licensed counselor in determining an employee's fitness for duty.
10.3.3. If a psychological fitness for duty is considered appropriate by the Superintendent, the employee shall be notified as required for internal or administrative investigations. The notification shall include a statement of the general circumstances that prompted the action, and the appointment time, date, and location of the meeting with a psychotherapist designated by the State Police. The State Police is responsible for costs of the initial fitness for duty interview/testing and any required follow-up except in the case of a non-job-related injury where the employee shall be financially responsible for additional treatment not required by the State Police. If an employee is referred for psychological fitness for duty assessment for an action which may result in disciplinary action against the employee, the disciplinary action shall be delayed pending assessment and recommendation by the psychotherapist designated by the State Police.
10.4. Employee Responsibility.
10.4.1. During evaluation and any treatment considered necessary, the employee shall truthfully answer all questions directed to him or her and provide complete information and documents considered necessary. The employee shall submit to all examinations and sign waivers concerning access to records and reports that may be prepared or generated by the State Police psychotherapist. In addition, State Police employees with knowledge of the affected employee's behavior may be interviewed.
10.5. Psychotherapist Responsibility.
10.5.1. The psychotherapist designated by the State Police shall, based upon his or her professional assessment of the employee's psychological fitness, render a written report to the Superintendent which shall include the following recommendations:
10.5.1.a. That the employee be returned to full duty unconditionally or with treatment recommended;
10.5.1.b. That the employee be returned to full duty conditional upon treatment;
10.5.1.c. That the employee be returned to limited duty conditional upon treatment; or
10.5.1.d. That the employee be declared unfit for duty and referred for treatment.
10.5.2. If, during the employee's initial assessment by the State Police's psychotherapist, it is determined that the employee should be referred for treatment, the Superintendent shall issue a special order directing the employee to attend and successfully complete a therapeutic or counseling program approved by the State Police. Any employee who fails to attend and successfully complete the program shall be subject to subsequent disciplinary action.
10.5.3. The State Police psychotherapist shall assist the employee in arranging for outside treatment. Employees shall be referred only to licensed psychiatrists, doctoral level clinical psychologists, or licensed counselors. In situations where outside referral is necessary, there shall be extensive communications between the State Police psychotherapist and the employee's treating psychotherapist in relation to the employee's progress in treatment and continued psychological fitness for duty. These communications shall include, but are not limited to, pertinent information such as whether or not:
10.5.3.a. The employee is attending scheduled appointments;
10.5.3.b. The employee is making reasonable progress in his or her treatment; or
10.5.3.c. Anything has occurred which could cause the psychotherapist to reassess the employee's duty status.
10.5.4. Evaluation results, opinions, recommendations, and confidential notes provided to the State Police psychotherapist by an outside consultant shall be interpreted and monitored, but not ordinarily communicated to the Superintendent. The Superintendent, with the advice of the State Police psychotherapist, may initiate appropriate personnel action predicated on the recommendations.
10.5.5. Communications between the Superintendent and the State Police psychotherapist or outside consultants, regarding test results, written opinions, recommendations, notes, reports, and actions taken are confidential, provided that the employee who is subject to a fitness for duty evaluation, upon written request to the Superintendent within 30 days of an evaluation, may review the written recommendation submitted to the Superintendent from the psychotherapist. The Section shall secure these documents in the Section's office in locked cabinets, secure magnetic media, or other secure electronic format, and any written recommendation shall be released only by order of a circuit court.
W. Va. Code R. § 81-10-11 Progressive Discipline
11.1. Standards of Conduct: The following standards are illustrative but not all inclusive of the type of conduct expected of employees:
11.1.1. An employee shall attend work regularly and report to work in a timely fashion. Any extraordinary time off-duty should be planned in advance. Unexpected time-off shall be communicated immediately to the employee's supervisor;
11.1.2. Employees shall apply themselves to their assigned duties during the time they are being compensated, except for reasonable time provided to take care of personal needs; and
11.1.3. Employees shall meet established performance standards whether published in administrative rules, operating policy and procedure, State Police memorandum or notices, or otherwise. Conditions or circumstances, as they become known, which prevent employees from performing effectively or from completing their assigned tasks shall be reported to the employee's immediate supervisor. Likewise, unclear instructions or procedures shall be brought to the attention of the employee's supervisor.
11.2. Supervising for Better Work Performance.
11.2.1. Supervisors shall assist employees in understanding their work assignments; the standards of conduct contained in this rule; and the goals, objectives, and performance standards of their positions.
11.2.2. Supervisors shall make every effort to identify inadequate or unsatisfactory work performance or behavior on the part of employees and attempt to correct the performance or behavior immediately. Such corrective action may take the form of a verbal warning or a documented counseling session, depending on the severity of the situation.
11.3. Disciplinary Offenses.
11.3.1. Unacceptable conduct shall be divided into three types of offenses according to their severity. The offenses listed in this subsection are illustrative only and are not intended as an exclusive list of all disciplinary offenses. Accordingly, conduct which in the judgment of the Superintendent, although not listed in the following groups of offenses, seriously undermines the effectiveness of the State Police activities or the employee’s performance shall be treated consistent with provisions of this rule.
11.3.2. Group I Offenses include, but are not limited to, those types of behavior listed below which are less severe in nature, but which require correction in the interest of maintaining a productive and well managed work force.
11.3.2.a. The employee has unsatisfactory attendance or excessive tardiness;
11.3.2.b. The employee abused State Police time such as use of State Police time for personal business, abuse of sick leave, or failed to notify a supervisor promptly of the completion of assigned work;
11.3.2.c. The employee used obscene or abusive language or failed to deal with the public in a courteous, kind, and respectful manner;
11.3.2.d. The employee has inadequate or unsatisfactory job performance;
11.3.2.e. The employee exhibits disruptive behavior;
11.3.2.f. The employee committed a chargeable crash as defined by State Police policy;
11.3.2.g. The employee violated the motor vehicle code, except those defined as Serious Traffic Offenses under W. Va. Code §17C-5-1 et. seq., which shall be included as Group III offenses; and
11.3.2.h. The employee negligently cared for, damaged, destroyed or lost any equipment or State Police property for which the employee is responsible.
11.3.3. Group II Offenses include more severe acts and behavior including, but not limited to, those types of behavior listed below.
11.3.3.a. The employee failed to perform assigned work, or otherwise comply with State Police policy and procedure or administrative rules;
11.3.3.b. The employee violated safety rules where there is not a threat to life;
11.3.3.c. The employee took unauthorized time away from the work area or duty post or left the work site without permission during working hours;
11.3.3.d. The employee failed to report to work without proper notice to his or her supervisor; and
11.3.3.e. The employee refused to work overtime.
11.3.4. Group III Offenses include, but are not limited to, the following acts and behavior of such a serious nature that a first occurrence would warrant the Superintendent discharging an employee.
11.3.4.a. The employee has absences in excess of three days without notifying his or her supervisor;
11.3.4.b. The employee has the odor of an alcoholic beverage upon his or her breath, consumed alcohol, or unlawfully used or possessed controlled substances while on the job;
11.3.4.c. The employee reported to work under the influence or when his or her ability was impaired by alcohol or a controlled substance;
11.3.4.d. The employee committed insubordination or a serious breach of discipline;
11.3.4.e. The employee falsified any records such as, but not limited to, vouchers, reports, insurance claims, time records, leave records, or other official state documents, or knowingly made any false statement;
11.3.4.f. The employee willfully or negligently damaged or defaced state records, or state or employee property;
11.3.4.g. The employee stole or removed state records, state or employee property without authorization;
11.3.4.h. The employee gambled on state property;
11.3.4.i. The employee committed acts of physical violence or fighting (except official police actions);
11.3.4.j. The employee violated safety rules where there is a threat to life;
11.3.4.k. The employee slept during work hours;
11.3.4.l. The employee participated in a work slowdown, sit-down, or similar concerted interference with State Police or state operations;
11.3.4.m. The employee possessed or used firearms, dangerous weapons, or explosives without authorization;
11.3.4.n. The employee threatened or coerced employees or supervisors;
11.3.4.o. The employee received criminal convictions for acts of conduct occurring on or off the job which are plainly related to job performance or are of such a nature that to continue the employee in the assigned position could constitute negligence in regard to the State Police's duties to the public or to other state employees;
11.3.4.p. The employee failed to take a polygraph examination or to answer fully and truthfully any question relating to any offense requiring submission to a test;
11.3.4.q. The employee failed to take physical or mental examinations as required;
11.3.4.r. The employee used public office for private gain;
11.3.4.s. The employee violated any law or engaged in criminal conduct on or off the job, except actions that are considered Group I or II offenses;
11.3.4.t. The employee engaged in dishonest or immoral conduct that undermines the effectiveness of State Police activities or employee performance, whether on or off the job;
11.3.4.u. The employee disobeyed a lawful command of a supervisor;
11.3.4.v. The employee disclosed confidential information to any person except those who may be entitled to the information or when directed by the Superintendent or a supervisor;
11.3.4.w. The employee took any action which impairs the efficiency and/or reputation of the State Police or its employees;
11.3.4.x. The employee accepted any bribe, gift, token, moneys, or other things of value intended as an inducement to perform or to refrain from performing any official act, or any action of extortion or other means of obtaining money or any thing of value through his or her position;
11.3.4.y. The employee manifested cowardice, feigned illness, or otherwise attempted to shirk official duty;
11.3.4.z. The employee was involved in any compromise between persons accused of a crime and the person or persons who may have suffered from criminal acts with the purpose of allowing the accused to escape punishment;
11.3.4.aa. The employee failed to answer fully and truthfully any questions specifically directed and related to official duties or job fitness attendant to an internal or administrative investigation;
11.3.4.bb. The employee used unnecessary force during an arrest/custody procedure;
11.3.4.cc. The employee deviated from established procedures in the disposition of summons or arrest cases;
11.3.4.dd. The employee used without authority or misused any state funds or other lawfully obtained funds as determined by policy and procedure;
11.3.4.ee. The employee stole or misappropriated evidence, or property stored in a State Police evidence room, or property to be destroyed pursuant to a valid court order;
11.3.4.ff. The employee libeled or slandered another employee, either on or off-duty;
11.3.4.gg. The employee committed conduct unbecoming; misconduct of a substantial nature affecting the rights and interests of the public, or that casts aspersions or doubt upon a law enforcement officer’s honesty and/or integrity and that directly affects the rights and interests of the public;
11.3.4.hh. The employee interfered with the rights or property of others;
11.3.4.ii. The employee violated the motor vehicle code defined as Serious Traffic Offenses under W. Va. Code §17C-5-1 et. seq.;
11.3.4.jj. The employee committed one or more acts of discrimination on the basis of race, color, religion, national origin, political affiliation, handicap, age, or sex; or the employee committed one or more acts of sexual harassment.
11.4. Application of Progressive Discipline.
11.4.1. Sustained Group I Offenses are cumulative in nature. Upon the accumulation of three "active" Group I offenses, the Superintendent may suspend the employee without pay, but the suspension shall not exceed five working days. The Superintendent may discharge an employee who accumulates four active Group I offenses. The Superintendent may demote or suspend the employee for up to 30 working days in lieu of discharge if mitigating circumstances exist.
11.4.1.a. The Superintendent may order counseling, issue a written reprimand, or suspend an employee for one working day for a single Group I offense.
11.4.1.b. Sustained Group I offenses remain "active" for one year from the date of issuance.
11.4.2. For Group II offenses, the Superintendent may order counseling, issue a written reprimand, or suspend an employee. Any suspension shall not exceed ten working days for an offense of this nature.
11.4.2.a. The Superintendent may discharge an employee who commits an additional Group II offense or if more than one Group II offense is committed during the same incident while a previous offense is "active." The Superintendent may also discharge an employee who accumulates three "active" first group offenses and one active second group offense. The Superintendent may demote or suspend the employee for up to 30 working days in lieu of discharge if mitigating circumstances exist.
11.4.2.b. If an employee is not discharged due to mitigating circumstances, the Superintendent shall notify the employee that any subsequent violation during the "active" life period, regardless of level, may result in discharge.
11.4.2.c. Sustained Group II offenses shall remain "active" for two years from the date of issuance.
11.4.3. The Superintendent may discharge the employee or suspend the employee for up to 30 working days without pay in lieu of discharge for committing a Group III Offense. The Superintendent may demote or suspend the employee for up to 30 working days in lieu of discharge, if mitigating circumstancing exist, or issue a written reprimand, or order counseling.
11.4.3.a. If the Superintendent does not discharge the employee due to mitigating circumstances, he or she shall be notified that any subsequent violation during the “active” life period, regardless of level, may result in discharge.
11.4.3.b. Sustained Group III offenses remain “active” for three years from the date of issuance.
11.5. The Superintendent, at his discretion, may permit employees who are suspended for a violation of a Group I, Group II, or Group III offense to exchange accumulated annual leave days for a portion or all of the suspension.
11.6. The Superintendent may demote or discharge an employee for job abolition, budgetary reduction, reduction of work, State Police reorganization, or for other reasons not related to the employee's job performance, but which nevertheless require the Superintendent to demote or discharge the employee. In these instances, the Superintendent shall notify the employee in writing why he or she is being demoted or discharged. This notice shall include instructions indicating how the employee may apply for another position within the State Police.
Series 11 Uniform Crime Reporting Program General Guidelines And Reporting Requirement
W. Va. Code R. § 81-11-1 General
1.1. Scope. -- This procedural rule explains the intent of the West Virginia Uniform Crime Reporting Program and the reporting requirements of the contributing law enforcement agencies.
1.2. Authority. -- W. Va. Code ''15-2-24 (i) and (j) and 48-2A-9(d).
1.3. Filing Date. -- July 30, 1997.
1.4. Effective Date. -- September 2, 1997.
W. Va. Code R. § 81-11-2 Definitions
As used in this rule, unless in a context that clearly requires a different meaning, the term:
2.1. Approved -- software that meets the specifications listed in the FBI=s Uniform Crime Reporting National Incident-Based Reporting Systems, Volumes: 1 - Data Collection Guidelines, 2 - Data Submission Specifications, 4 - Error Message Manual, and the specifications listed in the West Virginia NIBRS implementation data fields and the West Virginia file document layout. For a vendors= software to be approved, the software must produce zero percent errors when utilizing test data. Another method of a vendor achieving approval status is when a UCR contributing agency employing the software becomes certified.
2.2. Certified -- a contributing agency that is submitting IBR data on computer disk whose data complies with the specifications listed in the FBI=s Uniform Crime Reporting National Incident-Based Reporting Systems, Volumes: 1 - Data Collection Guidelines, 2 - Data Submission Specifications, 4 - Error Message Manual, and the specifications listed in the West Virginia NIBRS implementation data fields and the West Virginia file document layout. The agency must submit 3 months in succession of actual crime incident data with zero percent errors to achieve certification.
2.3. Contributing Agency -- a West Virginia law enforcement agency that has been assigned an Originating Identifier (ORI) by the Federal Bureau of Investigation (FBI) and is mandated by W. Va. Code '15-2-24 (i) and (j) to submit uniform crime reports in the form, content, time and manner prescribed by the Criminal Identification Bureau of the West Virginia State Police.
2.4. Incident Based Reporting (IBR) -- an enhanced crime reporting system in which law enforcement agencies collect detailed data regarding individual crime incidents and arrests and submits them in separate Areports@. In West Virginia the prescribed data elements and data values utilize the NIBRS standards, plus other elements and values qualified in the West Virginia NIBRS implementation data fields and the West Virginia file document layout. These West Virginia fields and values also include the information required for collection by the WV Family Violence Prevention Act W. Va. Code '48-2A-9.
2.5. National Incident Based Reporting System (NIBRS) -- the IBR system developed for reporting crime figures to the FBI. Prescribed data elements and data values to describe each incident and arrest are to be found in the publications, Uniform Crime Reporting National Incident-Based Reporting Systems (Volumes 1, 2 and 4).
2.6. Summary Based Reporting -- the traditional system of crime reporting where law enforcement agencies tally the number of occurrences of Part I Offenses as well as arrest data for both Part I and Part II offenses and submit aggregate counts of the collected data in monthly summarized reports indirectly to the FBI through the State UCR Program. The guidelines for summary reporting are found in the FBI publication Uniform Crime Reporting Handbook.
2.7. Uniform Crime Reporting (UCR) -- is a city, county and state law enforcement program which provides a nationwide view of crime based on submission of statistics by law enforcement agencies throughout the country. The crime data is submitted to the State UCR program which forwards the data to the national UCR program which is administered by the Federal Bureau of Investigation (FBI). The authorization for the state UCR program in West Virginia is found in W. Va. Code '15-2-24 (i) and (j).
W. Va. Code R. § 81-11-3 Purposes
3.1. The quantitative statistical data derived from the Uniform Crime Reporting (UCR) program will provide assistance in determining the overall scope of the reported criminal activity in West Virginia and will aid in making effective management studies and criminal analysis possible.
3.2. To prescribe the forms, general content, time and manner of submission of the Uniform Crime Reports as mandated in W. Va. Code '15-2-24(i).
W. Va. Code R. § 81-11-4 Objectives
4.1. Collect from all state law enforcement agencies, crime data as defined by state statute and by national Uniform Crime Reporting definitions.
4.2. Assure accuracy in the data collected by developing and adhering to submission standards.
4.3. Enhance the effectiveness and usefulness of the data provided by converting from the summary based method of reporting to incident base reporting as recommended and endorsed by International Association of Chiefs of Police, the National Sheriff=s Association, the FBI and the national Association of State UCR Programs.
4.4. Provide law enforcement administrators with crime statistics for administrative and operational use.
4.5. Determine the occurrence of crime, victims of crime and the offenders within the state and their characteristics in order to find the proper focus for crime prevention and enforcement.
4.6. Inform the Governor, Legislature and other governmental officials and the public as to the nature of the crime problem in West Virginia, its magnitude and its trends.
W. Va. Code R. § 81-11-5 Information Collected
5.1. UCR contributors are to report the individual offense data known to them in the following crime categories: murder, manslaughter, rape, robbery, felonious assault/malicious wounding, burglary, breaking and entering, breaking without entering, petit and grand larceny, motor vehicle theft, joyriding, arson, misdemeanor assault and/or battery, controlled substance violations and domestic violence violations.
5.2. With the conversion to the Incident Based Reporting (IBR) System, individual offense data will also be reported on bribery, counterfeiting/forgery, destruction of property, embezzlement, extortion/blackmail, fraud, gambling, kidnapping, pornography, prostitution, sexual assault, sexual abuse, incest, stolen property, weapons law violations, and hate crimes.
5.2.1. If an agency contributes by form submission, individual offense data on the following offenses will also be reported: bad checks, vagrancy, disorderly conduct, DUI, leaving the scene, hit and run, traffic accidents resulting in death, public intoxication, non-violent family offenses, liquor law violations, runaways, trespassing, and all other criminal offenses.
5.2.2. If an agency contributed by disk submission, Group B arrestee data will be reported on the following offenses: bad checks, vagrancy, disorderly conduct, DUI, leaving the scene, hit and run, traffic accidents resulting in death, public intoxication, non-violent family offenses, liquor law violations, runaways, trespassing, and all other criminal offenses.
5.3. Additional offense information concerning victims, property, suspects/offenders, homicide and/or aggravated assault circumstances, circumstances in which an officer(s) is killed or assaulted is to be submitted. Additional reports on persons arrested are to be submitted to provide information concerning the age, sex, race, residency and personal description of all persons arrested.
5.4. This information is specified by the Federal Bureau of Investigation=s (FBI) Uniform Crime Reporting National Incident-Based Reporting Systems, Volumes: 1 - Data Collection Guidelines, 2 - Data Submission Specifications, 4 - Error Message Manual, and the West Virginia NIBRS implementation data fields and the West Virginia file document layout.
5.5. Annually, numerical data on sworn and non-sworn employees is also to be collected from each participating law enforcement agency.
W. Va. Code R. § 81-11-6 Jurisdictional Reporting
6.1. The purpose of jurisdictional guidelines for reporting crime statistics is to accurately depict the nature and volume of crime for a particular community or jurisdiction, not to claim or take Acredit@ for the number of investigations, arrests, etc. Throughout West Virginia there are several hundred law enforcement agencies, some of which have overlapping jurisdictions. To be certain that a crime is not counted more than once by overlapping jurisdictions, the following guidelines are to be adopted:
6.1.1. Arsons, explosions, and explosive related offenses investigated by the WV State Fire Marshal=s office and their subsequent arrests are to be counted by the State Fire Marshal=s office.
6.1.2. Those campus police agencies that possess an ORI and are identified as a UCR contributing agency count crimes and their subsequent arrests that occur on college/university property. Campus police are to count arsons, explosions, and explosive related offenses and their subsequent arrests, if they are not investigated by the WV State Fire Marshal=s office.
6.1.3. Municipal police departments count crimes and their subsequent arrests that occur within the city limits. If a crime occurs on college/university property which lies within the city limits, the municipal police department is to count the crime and arrest, if it is not being investigated by the campus police. Municipal police departments are to count arsons, explosions, explosive related offenses and their subsequent arrests if they are not being investigated by the WV State Fire Marshal=s office.
6.1.4. County law enforcement agencies and state police detachments are to count crimes and their subsequent arrests that happen in the county outside the limits of the municipalities. County law enforcement agencies and state police detachments are to count arsons, explosions, explosive related offenses and their subsequent arrests if they are not being investigated by the WV State Fire Marshal=s office.
6.1.5. A crime that occurs in one jurisdiction should not be counted by another campus police department, municipality, sheriff=s department, state police detachment or state fire marshal=s investigator, even though more than one agency participated in the investigation or arrest of the subject of that crime.
W. Va. Code R. § 81-11-7 Records Needed
7.1. Data needed for UCR reporting are readily available through a good recordkeeping system. Basic records should include:
7.1.1. Permanent records of crime, traffic, administrative matters and such other activities as considered necessary.
7.1.2. Control for recording and counting every criminal complaint received.
7.1.3. Reports of the investigation of each criminal complaint received.
7.1.4. Information on persons arrested, charges made, disposition and other facts about the arrested person, including age, sex, race, residence and physical descriptors.
W. Va. Code R. § 81-11-8 Reporting Requirements Established
8.1. The UCR program is currently operating under the Summary Based reporting system. The minimum reporting requirements established for the Summary Based UCR system are:
8.1.1. Any law enforcement agency, discovering, receiving a report or investigating any offense occurring in its jurisdiction that would constitute a crime as defined by the FBI=s Uniform Crime Reporting Handbook as a Part I offense, shall report the facts to the West Virginia UCR program monthly.
8.1.2. Any law enforcement agency making an arrest for any offense occurring in its jurisdiction that would constitute a crime as defined by the FBI's Uniform Crime Reporting Handbook as a Part II offense shall report the facts to the West Virginia UCR program monthly.
8.1.3. Any law enforcement agency arresting, citing, or issuing a summons to any person (including the handling of a juvenile) for any crime which occurred in its jurisdiction shall report these facts to the West Virginia UCR program monthly.
8.1.4. Any law enforcement agency which receives a report of an alleged incident of family or household abuse shall report the information mandated by W. Va. Code '48-2A-9(d) to the West Virginia UCR program monthly.
8.1.5. These reports shall be made on the forms provided by or approved by the West Virginia UCR Program.
8.1.6. The completed report is due by the 7th of the month following the end of the reporting period.
8.2. The UCR reporting system is undergoing a conversion to an enhanced reporting system, Incident Base Reporting (IBR), which is designed to more effectively meet current and future information needs as it pertains to crime reporting. As of January 1, 1999 all agencies are to have made the conversion to IBR and begun the certification process.
The minimum reporting requirements established for incident based reporting are:
8.2.1. Any law enforcement agency discovering, receiving a report of or investigating any offense occurring in its jurisdiction that would constitute a crime as defined by the FBI=s Uniform Crime Reporting, National Incident-Based Reporting System, Volume 1 - Data Collection Guidelines as a Group A or Group B offense shall report these facts to the West Virginia UCR program monthly.
8.2.2. Any law enforcement agency arresting, citing or issuing a summons to any person (including the handling of a juvenile) for any crime which occurred in its jurisdiction shall report these facts to the West Virginia UCR program monthly.
8.2.3. Any law enforcement agency who receives a report of an alleged incident of family or household abuse shall report the information mandated in W. Va. Code '48-2A-9(d) to the West Virginia program monthly.
8.2.4. Any law enforcement agency discovering, receiving a report of or investigating any offense that manifest evidence or prejudice based on race, religion, sexual orientation, ethnicity, disability, political affiliation or sex shall report these facts to the West Virginia UCR program monthly.
8.2.5. These reports will be submitted by one of two methods. The West Virginia UCR program will determine a contributor=s method of submission based on an agency=s volume of activity, a review of the contributing agency's resources, and the West Virginia UCR program=s available resources. These methods are:
8.2.5.1. Diskette Disk Size - - - 3.5 Code Set - - - ASCII
8.2.5.1.1. The data elements must comply with the specifications qualified in the FBI=s publications Uniform Crime Reporting - National Incident-Based Reporting System Volume 1 - Data Collection Guidelines, Volume 2 - Data Submission Standards, Volume 4 - Error Message Manual and the West Virginia NIBRS implementation data fields.
8.2.5.1.2. The data file format must comply with the specifications qualified in the FBI publication Uniform Crime Reporting National Incident Based Reporting System, Volume 2 - Data Submission Standards and the West Virginia file document layout.
8.2.5.1.3. The disks must be on high or double density and used exclusively for submitting UCR reports.
8.2.5.2. Form Submission - Reports shall be made on the forms provided by or approved by the West Virginia UCR program. Only copies of the reports are to be submitted to the West Virginia UCR program, the originals of the reports are to remain on file at the contributing agency.
8.2.5.3. The complete reports, whether submitted by disk or on forms are due by the 7th of the month following the end of the reporting period.
W. Va. Code R. § 81-11-9 Certification and Approval
9.1. Data cannot be utilized unless it is accurate. To ensure accuracy, a contributing agency that submits by diskette will undergo the certification process.
9.1.1. A contributing agency will be considered IBR certified once it has submitted three (3) months of data in succession with 0% errors.
9.1.2. A software vendor can achieve approval status by submitting test data (provided by the State UCR program) to the West Virginia UCR program with 0% errors or if a UCR contributing agency utilizing their software receives certification.
9.2. An agency may lose certification or a vendor may lose approval status if an agency=s monthly submission has greater than 4% errors.
W. Va. Code R. § 81-11-10 Supplies and Services Offered to UCR Contributors
Obtainable by writing, telephoning or faxing the UCR office at:
West Virginia State Police 725 Jefferson Road South Charleston WV 25309 Phone: 304-746-2159/2237 Fax: 304-746-2402
10.1. Summary based reporting forms (until Jan. 1, 1999).
10.2. Summary based tally books and tally sheets (until Jan. l, l999).
10.3. Prepaid envelopes.
10.4. IBR incident/offense forms.
10.5. IBR incident/offense form guide manual.
10.6. Conversion tables (converts West Virginia criminal code to the appropriate UCR summary based and NIBRS codes).
10.7. WV NIBRS Implementation Data Fields and File Document Layouts.
10.8. IBR test data.
10.9. FBI Publications:
10.9.1. Uniform Crime Reporting, National Incident-Based Reporting System, Volume 1: Data Collection Guidelines.
10.9.2. Uniform Crime Reporting, National Incident-Based Reporting System, Volume 2: Data Submission Specifications.
10.9.3. Uniform Crime Reporting, National Incident-Based Reporting System, Volume 3: Approaches to Implementing an Incident-Based Reporting IBR System.
10.9.4. Uniform Crime Reporting, National Incident-Based Reporting System, Volume 4: Error Message Manual.
10.9.5. Uniform Crime Reporting Handbook (until Jan. 1, 1999).
10.9.6. Hate Crime Data Collection Guidelines.
10.9.7. Training Guide for Hate Crime Data Collection.
10.10. Provide one-on-one training in the UCR office on proper UCR submission, upon request.
10.11. Provide regional training on proper UCR submission, upon request.
81CSR11
Series 12 Written Directive System
W. Va. Code R. § 81-12-1 General
1.1. Scope. -- This rule governs the written directive system of the West Virginia State Police.
1.2. Authority. -- W. Va. Code '15-2-25.
1.3. Filing Date. -- March 29, 1999.
1.4. Effective Date. -- March 29, 1999.
W. Va. Code R. § 81-12-2 Definitions
2.1. ASuperintendent@ means the Superintendent of the West Virginia State Police or a duly authorized representative.
2.2. AMember@ means an employee of the West Virginia State Police empowered under the provisions of W. Va. Code '15-2-12 with statewide law enforcement powers and who has taken and subscribed to the oath of office as required by W. Va. Code '15-2-14.
W. Va. Code R. § 81-12-3 Written Directives of the West Virginia State Police
3.1. Policies and procedures governing the internal management and operation of the West Virginia State Police shall be contained within the Operational Policy and Procedure Manual.
3.2. The West Virginia State Police shall issue each member a copy of the Operational Policy and Procedure Manual and each member shall ensure the currency of his or her individual manual.
3.3. The Superintendent may temporarily amend or rescind any operational policy or procedure by issuing a memorandum or teletype until a revised policy is issued. The Superintendent shall distribute to each member a copy of the amended policy upon its issuance.
3.4. The Superintendent may issue Special Orders to effect a change in the employment status of a member or civilian employee, direct the presence of a member or civilian employee at a certain event or location, initiate the internal investigation of a member or civilian employee, to effect temporary and permanent transfers or facilitate other internal administrative matters where the power to act rests with the Superintendent.
3.5. The Troop Commander or his or her duly authorized representative may issue Troop Special Orders for the purposes of temporary, intra-troop transfers; permanent intra-troop transfers and to mandate the attendance of members and civilian employees assigned to that troop at a specific event or location.
3.5.1. In the event that a Troop Special Order conflicts with a Special order issued by the Superintendent, the Superintendent=s order shall take precedence over the Troop Special Order.
3.6. The Superintendent may issue memoranda and notices.
3.6.1. The Superintendent shall use memoranda to temporarily amend or rescind operational policies and procedures until a revision may be issued or disseminate other information to members constituting official direction in the performance of their assigned duties.
3.6.2. The Superintendent shall use notices to disseminate information of interest to members and civilian employees that does not directly affect the performance of their assigned duties.
81CSR12
Series 13 Organizational Structure
W. Va. Code R. § 81-13-1 General
1.1. Scope. -- This rule governs the internal administrative structure of the West Virginia State Police.
1.2. Authority. -- W. Va. Code §15-2-3.
1.3. Filing Date. -- September 3, 2024.
1.4. Effective Date. -- October 3, 2024.
1.5. Repeal and Replace. -- This rule repeals and replaces W. Va. Code R. §81-13-1, West Virginia State Police Interpretive Rule for Organizational Structure, effective August 25, 2011.
W. Va. Code R. § 81-13-2 Organizational Structure
2.1. This section relates to W. Va. Code §§15-2-2, 3 & 4.
2.2. The ranks within the membership of the State Police shall be Colonel, Lieutenant Colonel, Major, Captain, First Lieutenant, Second Lieutenant, First Sergeant, Sergeant, Corporal, Trooper First Class, Senior Trooper, Trooper or Cadet Trooper.
2.3. The term Executive Office shall encompass the following positions: (1) Superintendent; (2) Deputy Superintendent; (3) Chief of Field Operations; (4) Chief of Staff Services; (5) Chief of Executive Services; (6) Deputy Chief of Field Operations; (7) Deputy Chief of Staff Services; (8) Director, Professional Standards, (9) Director, Planning and Research.
2.4. The Superintendent shall be the executive and administrative head of the State Police. The Superintendent shall hold the rank of Colonel and is entitled to all rights, benefits and privileges of regularly enlisted members.
2.5. The Superintendent shall appoint a member from within the ranks of the State Police to serve as the Deputy Superintendent. The Deputy Superintendent shall hold the rank of Lieutenant Colonel and be next in authority to the Superintendent. The Deputy Superintendent shall serve as the principal coordinator of State Police field operations, staff services and executive services functions. The Deputy Superintendent shall perform all other duties as assigned by the Superintendent.
2.6. The Superintendent may appoint from the membership of the State Police 179 principal supervisors who shall receive the compensation and hold the temporary ranks of Lieutenant Colonel, Major and Captain.
2.7. The Chief of Field Operations shall be responsible to the Deputy Superintendent for the planning, conducting and monitoring of all field operations and the correlation of activities and duties of field operations with those of staff services and executive services. The Chief of Field Operations shall perform all other duties as assigned by the Superintendent or Deputy Superintendent.
2.8. The Chief of Staff Services shall be responsible to the Deputy Superintendent for the coordination of all staff services functions and the correlation of activities and duties of staff services with those of field operations and executive services. The Chief of Staff Services shall perform all other duties as assigned by the Superintendent or Deputy Superintendent.
2.9. The Chief of Executive Services shall be responsible to the Deputy Superintendent for the coordination of all executive services functions and the correlation of activities and duties of executive services with those of field operations and staff services. The Chief of Executive Services shall perform all other duties as assigned by the Superintendent or Deputy Superintendent.
2.10. The Deputy Chief of Field Operations shall be responsible to the Chief of Field Operations for the planning, conducting and monitoring of all field operations and the correlation of activities and duties of field operations with those of staff services and executive services. The Deputy Chief of Field Operations shall perform all other duties as assigned by the Chief of Field Operations or higher authority.
2.11. The Deputy Chief of Staff Services shall be responsible to the Chief of Staff Services for the coordination of all staff services functions and the correlation of those functions with those of field operations and executive services and shall perform all other duties as assigned by the Chief of Staff Services or higher authority.
2.12. The Director, Professional Standards, shall be responsible to the Superintendent for the operation of the Professional Standards Section of the Department.
2.13. The Director, Planning and Research, shall be responsible to the Chief of Staff Services for general planning and specific research functions and shall oversee the State Police written directive system.
2.14. Field Operations shall consist of Special Operations, the Bureau of Criminal Investigations, the Crimes Against Children Unit, Crime Scene Team, Traffic Crash Reconstruction and the number of troops, districts and detachments specified by the Superintendent.
2.15. Staff Services shall consist of the Executive Protection, Training Academy, Human Resources, Planning and Research, Career Progression, Media, Recruiting, Accounting, Communications, the Forensic Laboratory, Grants Management, Procurement, Traffic Records, Criminal Records, the Medical Unit, the Photography Lab and other sections within the general headquarters structure as deemed necessary by the Superintendent to meet statutory and other identified obligations and to assist field operations in the performance of its duties.
2.16. Executive Services shall consist of the other sections within the general headquarters structure as deemed necessary by the Superintendent to meet statutory and other identified obligations and to assist field operations and staff services in the performance of its duties.
2.17. Each Troop shall be staffed by a Troop Commander, Executive Officer, Logistics Officer, Inspector, District, Detachment and Assistant Detachment Commanders and other members and civilian employees as is deemed necessary by the Superintendent.
2.18. The Troop Commander shall be responsible to the Chief of Field Operations and shall be responsible for planning, conducting and monitoring all field operations within their respective areas of command. Each Troop Commander shall be responsible for the correlation of activities and duties of members and civilian employees assigned to the troop with those of staff services. The Troop Commander shall perform duties as assigned by the Chief of Field Operations or higher authority.
2.19. The Troop Executive Officer shall be responsible to the Troop Commander. In the absence of the Troop Commander, the Executive Officer shall serve as the Acting Troop Commander and exercise all powers, functions, duties and responsibilities of the Troop Commander. The Troop Executive Officer shall perform duties as assigned by the Troop Commander or higher authority.
2.20. The Troop Logistics Officer shall be responsible to the Troop Commander. In the absence of the Troop Commander and the Executive Officer, the Logistics Officer shall serve as the Acting Troop Commander and shall exercise all powers, functions, duties and responsibilities of the Troop Commander. The Logistics Officer shall perform duties as assigned by the Troop Commander or higher authority.
2.21. The Troop Inspector shall be responsible to the Director, Professional Standards. In the absence of the Troop Commander, Executive Officer and Logistics Officer, the Inspector shall serve as the Acting Troop Commander and as such shall exercise all powers, functions, duties and responsibilities of the Troop Commander. The Inspector shall perform duties as assigned by the Director, Professional Standards or higher authority.
2.22. The District Commander shall be responsible to the Troop Commander and shall plan, conduct and monitor all field operations occurring within the district. Each District Commander shall be responsible for the correlation of the activities and duties of members and civilian employees assigned to their command with those of staff services. The District Commander shall perform duties as assigned by the Troop Commander or higher authority.
2.23. The Detachment Commander shall be responsible to the District Commander for the planning, conducting and monitoring of all field operations occurring within the detachment's area of operations. Each Detachment Commander shall be responsible for the correlation of the activities and duties of members and civilian employees assigned to their command with those of staff services. The Detachment Commander shall perform duties assigned by the District Commander or higher authority.
2.24. The Assistant Detachment Commander shall be responsible to the Detachment Commander and shall assist the Detachment Commander in planning, conducting and monitoring of law enforcement operations within the detachment’s area of responsibility. The Assistant Detachment Commander shall perform all other duties as assigned by the Detachment Commander or higher authority.
2.25. If the Superintendent is unable to discharge the powers and duties of the office due to illness, disease, injury or any other cause or is absent from the geographical boundaries of West Virginia, the order of succession within the Executive Office shall be as follows:
2.25.a. Deputy Superintendent;
2.25.b. Chief of Field Operations;
2.25.c. Chief of Staff Services;
2.25.d. Chief of Executive Services;
2.25.e. Deputy Chief of Field Operations; and
2.25.f. Deputy Chief of Staff Services;
2.25.g. Whenever the Deputy Superintendent or a member of the Executive Office succeeds to the Office of the Superintendent, they shall exercise all powers, functions, duties and responsibilities of the Superintendent.
81CSR13
81CSR13
Series 14 Regulations and Procedures Pertaining to the West Virginia Sex Offender Registration Act
W. Va. Code R. § 81-14-1 General
1.1. Scope. -- This procedural rule explains the responsibilities and the administration of the West Virginia Sex Offender Registry the community notification/education program, the West Virginia Sex Offender Registration Advisory Board and the responsibility of sex offenders required to register, incarceration facilities, probation or parole officers, sentencing courts, Circuit Court, Prosecuting Attorney, State Police, all law enforcement agencies, community or religious organizations and the public. The Sex Offender Registration Act is regulatory in nature and is not penal. The provisions of this Act apply retroactively and prospectively.
1.2. Authority. -- This rule is issued under authority of W. Va. Code §§15-12-1 et. seq. and 62-12-2, as amended.
1.3. Filing Date. July 25, 2014.
1.4. Effective Date. September 1, 2014.
W. Va. Code R. § 81-14-2 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. Board. -- The Sex Offender Registration Advisory Board, hereon known as the Board, a board created within the Division of Military Affairs and Public Safety whose primary purpose is to assist the circuit courts by delivering a report setting forth the findings and recommendations of the board on whether a person before the sentencing court is a sexually violent predator.
2.2. Central Registry. -- Hereon known as the Registry, the West Virginia Sex Offender Registry maintained by the West Virginia State Police and housed in the Criminal Records Section.
2.3. Mental abnormality. -- A congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.
2.4. Predatory act. -- Any act directed at a stranger, family member or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.
2.5. 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 or work release.
2.6. Sex Offender Registration Act. -- Hereon known as the Act, W. Va. Code §15-12-1 et. seq., as amended, of the West Virginia Criminal Code, that sets forth the duties of various entities as it pertains to the registration of sex offenders and the duty of the West Virginia State Police to promulgate rules prescribing the manner of registration procedures.
2.7. Sexual criminal offenses. -- Those offenses that require registration as a sexual offender upon conviction or when found not guilty by reason of mental illness, mental retardation or addiction. These offenses include, but are not limited to, W. Va. Code §§61-3C-14b, 61-8B-3, 4, 5,6,7,8,9 or 10, 61-8C-2 or 3, 61-2-14, 61-8-6 or 7, 61-8D-5 or 6, 61-8-12, 61-11-8 (attempt to commit the previous offenses) and 61-8A-2,4,5. These also include, but are not limited to, offenses with similar provisions in another state, federal or military jurisdiction.
2.8. Sexually violent offenses. -- Any criminal offense set forth in W. Va. Code §61-8B of the West Virginia Criminal Code as amended, or offenses with similar provisions in another state, federal or military jurisdiction that include forcible compulsion, bodily injury or the use of a deadly weapon or any violent offense(s) that is determined by a court of competent jurisdiction to be sexually motivated.
2.9. Sexually violent predator. -- A person who has pled guilty to, has been convicted or found not guilty by reason of mental illness, mental retardation or addiction, of a sexually violent offense and who suffers from a mental abnormality or personality disorder that makes a person likely to engage in predatory sexually violent offenses.
2.10. Sex offender. -- A person convicted of any of the offenses referred to in W. Va. Code §15-12-2 as amended, or offenses with similar provisions in another state, federal or military jurisdiction, or a person convicted of the attempt to commit the above referred 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, which at the time of sentencing, was found by the sentencing judge to have been sexually motivated.
2.11. Vehicle information. -- Make, model, color, year and license number of any vehicle including any motor vehicle, trailer or motor home the person has registered in his or her name or to which he or she regularly operates. Trailer shall mean travel trailer, fold-down camping trailer and house trailer.
2.12. Address. -- Any current physical address(es) including the mailing address and any habitable real property owned or leased that the offender regularly visits.
2.13. Physical address. -- The actual location of the residence(s).
2.14. Family member. -- As defined in W. Va. Code §48-27-204, as amended.
W. Va. Code R. § 81-14-3 Purposes
3.1. Assist local law enforcement agencies efforts to protect their communities by regulating how sex offenders register with the Sex Offender Registry at their local State Police detachments.
3.2. Give local communities adequate notice and information regarding persons residing within a specific county, through the community notification program and quarterly releases of offender lists, so the community can develop constructive plans to adequately protect themselves and their children.
3.3. Inform the community, law enforcement, criminal justice entities and the person of their rights and responsibilities as it pertains to the Act.
3.4. To prescribe the manner of how a person is to register and the manner of how information pertinent to the registry originating from the probation officers, parole officers, courts, and law enforcement officers is to be forwarded to the Registry.
W. Va. Code R. § 81-14-4 Objectives
4.1. To enter all sex offenders into the Registry as prescribed in W. Va. Code §15-12-1 et. seq., as amended, in a timely and accurate manner.
4.2. To form collaborative partnerships with West Virginia Prosecuting Attorneys, family related community organizations and victim advocates in conducting community notification/education programs.
4.3. To conduct community notification/education programs that provide education for the community on characteristics of sex offenders, the sex offender registry law, strategies for protecting an individual and their children and the resources available for victims.
4.4. Educate the public through the community education program to reduce inappropriate actions by citizens.
4.5. Inform public entities and care givers as prescribed by W. Va. Criminal Code §15-12-1 et. seq., as amended, of the sex offenders residing, working, attending school or visiting for more than fifteen (15) continuous days in their areas.
W. Va. Code R. § 81-14-5 Intent, Findings and Severability
5.1. Legislative Intent and Findings. -- The intent of the Sex Offender Registration Act is to assist law-enforcement agencies efforts to protect the public from sex offenders by requiring sex offenders to register with a State Police detachment in the county where they reside, work, attend school or visit for more than fifteen (15) continuous days and by making certain information about sex offenders available to the public. It is not the intent of the Legislature that the information be used to inflict either retribution or additional punishment on any person requiring registration under the West Virginia Sex Offender Registration Act.
5.2. Severability. -- If any sections or subsections of this rule are determined to be invalid, it shall not be construed to invalidate any of the provisions not otherwise affected.
W. Va. Code R. § 81-14-6 Persons Required to Register
6.1. All persons who are convicted, enter a plea of guilty or found not guilty by reason of mental illness, mental retardation or addiction of committing any of the following criminal sexual offenses are to register;
6.1.a. Sexual assault in the first degree, W. Va. Code §61-8B-3, as amended,
6.1.b. Sexual assault in the second degree, W. Va. Code §61-8B-4, as amended,
6.1.c. Sexual assault in the third degree, W. Va. Code §61-8B-5, as amended,
6.1.d. Sexual assault of a spouse, W. Va. Code §61-8B-6 (repealed as of June 7, 2000),
6.1.e. Sexual abuse in the first degree, W. Va. Code §61-8B-7, as amended,
6.1.f. Sexual abuse in the second degree, W. Va. Code §61-8B-8, as amended,
6.1.g. Sexual abuse in the third degree, W. Va. Code §61-8B-9, as amended,
6.1.h. Incest, W. Va. Code §61-8-12, as amended,
6.1.i. Detention of person in place of prostitution, W. Va. Code §61-8-6, involving a minor, as amended,
6.1.j. Procuring for house of prostitution, W. Va. Code §61-8-7, as amended,
6.1.k. Abduction of person, kidnapping or concealing a child, W. Va. Code §61-2-14, as amended,
6.1.l. Use of minors in filming sexually explicit conduct, W. Va. Code §61-8C-2, as amended,
6.1.m. Distribution and exhibiting of material depicting minors engaged in sexually explicit conduct, W. Va. Code §61-8C-3, as amended,
6.1.n. Sexual abuse by parent, guardian or custodian, W. Va. Code §61-8D-5, as amended,
6.1.o. Guardian or custodian allowing sexual abuse to be inflicted on a child, W. Va. Code §61-8D-5, as amended,
6.1.p. Displaying of sex organs by a parent, guardian or custodian, W. Va. Code §61-8D-5, as amended,
6.1.q. Sending, distributing, exhibiting, possessing, displaying or transporting material by a parent, guardian or custodian, depicting a child engaged in sexually explicit conduct, W. Va. Code §61-8D-6, as amended,
6.1.r. Imposition of sexual intercourse or sexual intrusion of incarcerated persons, W. Va. Code §61-8B-10,
6.1.s. Soliciting, etc. a minor via computer, W. Va. Code §61-3C-14b. ,
6.1.t. Distribution and display to minor of obscene matter, W.Va. Code §61-8A-2, as amended,
6.1.u. Use of obscene matter with intent to seduce minor, W.Va. Code §61-8A-4, as amended,
6.1.v. Employment or use of minor to produce obscene matter or assist in doing sexually explicit conduct, W.Va. Code §61-8A-5.
6.2. All persons who are convicted, enter a plea of guilty or are found not guilty by reason of mental illness, mental retardation or addiction of attempting to commit, W.Va. Code §61-11-8, as amended, any of the previous criminal sexual offenses are to register.
6.3. All persons convicted of offenses with similar provisions in another state, federal or military jurisdictions are to register in West Virginia if they reside, work, attend school or if they visit for more than fifteen (15) continuous days in the state.
6.4. All persons convicted of any criminal offense, which at the time of sentencing, was found by the sentencing court to have been sexually motivated are to register.
W. Va. Code R. § 81-14-7 Duration of Registration
7.1. Persons required to register shall comply with this rule, except during periods of incarceration, for a minimum period of ten (10) years from the time of release from prison or jail or from the time the person entered a plea of guilty or was convicted prior to actual incarceration.
7.2. Certain persons are required to register for life. The conditions for lifetime registration include:
7.2.a. One or more prior convictions or any finding of not guilty by reason of mental illness, mental retardation or addiction, of a qualifying offense;
7.2.b. Conviction or a finding of not guilty by reason of mental illness, mental retardation or addiction of a sexually violent offense or any offense determined to be sexually motivated, or;
7.2.c. The person has been determined to be a sexually violent predator or;
7.2.d. The victim of qualifying offense was a minor or;
7.2.e. The qualifying offense involved multiple victims or multiple violations of a qualifying offense.
W. Va. Code R. § 81-14-8 Responsibilities of Administrators of Incarceration Facilities, Probation or Parole Officers
8.1. Administrator, probation or parole officers include, but are not limited to:
8.1.a. Commissioner of Corrections or his/her designee or;
8.1.b. Regional jail administrator or his/her designee or;
8.1.c. Chief or Sheriff operating a jail or his/her designee or;
8.1.d. Secretary of DHHR or his/her designee or;
8.1.e. Probation officer or;
8.1.f. Parole officer or;
8.1.g. Such person who supervises the person to be registered following their release from incarceration.
8.2. Release from incarceration shall include, but is not limited to:
8.2.a. Granted probation or;
8.2.b. Granted a suspended sentence or;
8.2.c. Release on probation or;
8.2.d. Release on parole or;
8.2.e. Release on home detention or confinement or;
8.2.f. Release on work release or;
8.2.g. Discharge the sentence or;
8.2.h. Any other type of release from incarceration.
8.3. The administrator, probation or parole officer who supervises a person required to be registered or accepts supervision of a person registered as a sexual offender from another state, shall within three (3) business days of receiving notification of the persons release, obtain the information required by way of a written notice.
8.3.a. The written notice shall be completed on registration form(s) designated by the Superintendent or an agency equivalent and shall include:
8.3.a.1. Full name of the person to be registered including any aliases, nicknames and other names used by the person.
8.3.a.2. Full address, including any and or all county(ies), where the person resides or intends to reside, works or attends school at time of registration and;
8.3.a.3. Name and address of employer or place of occupation at time of registration or any anticipated future employers or places of occupation and;
8.3.a.4. Name and address of any school or training facility the person is attending at time of registration or expects to attend and;
8.3.a.5. Person’s social security number and;
8.3.a.6. Recent photographs of the person and;
8.3.a.7. Brief description of the crime for which the person was convicted and;
8.3.a.8. Right thumb print and;
8.3.a.9. If applicable, the name and telephone number of the probation or parole officer and;
8.3.a.10. Jurisdiction of arrest or conviction and;
8.3.a.11. The date of conviction and;
8.3.a.12. If incarcerated, the date of release from incarceration and;
8.3.a.13. If the person has been determined to be a sexually violent predator, the notice shall also include:
8.3.a.13.A. Identifying factors, including physical characteristics and;
8.3.a.13.B. History of the offense and;
8.3.a.13.C. Documentation of any treatment received for mental abnormality or personality disorder.
8.4. The administrator, probation or parole officer shall have the person sign and date the registration form(s) advising the person of their responsibility to register.
8.5. The administrator, probation or parole officer, shall send the original registration form(s) to the Registry and a copy to the State Police detachment in the county(ies) where the person will reside, work, attend school or will visit for more than 15 continuous days.
8.5.a. A copy of the registration form(s) will be maintained by the administrator, probation or parole officer and;
8.5.b. A copy of the completed registration form(s) shall be given to the person to be registered.
8.6. The administrator, probation or parole officer shall have the signatures applied to the registration form(s) notarized. The form shall have an embossed/raised official seal or official stamp of the controlling government agency placed upon said form.
8.7. Upon request of the West Virginia State Police, provide any and all requested records relating to a sex offender to the West Virginia State Police.
W. Va. Code R. § 81-14-9 Responsibilities of the Sentencing Court
9.1. At the time the person is convicted of the crimes set forth in 6.1 of this procedural rule, the sentencing court shall:
9.1.a. Inform the person so convicted of the requirements to register imposed by this article and shall further satisfy itself by interrogation of the defendant or his or her counsel that the defendant has received notice of the provisions of this article and that the defendant understands said provisions.
9.1.b. Have the person sign in open court, a statement acknowledging that the person understands the requirements imposed by the Act.
9.2. The sentencing court shall determine if a person who has been convicted of a sexually violent crime is a sexually violent predator or is no longer a sexually violent predator.
9.2.a. The proceeding to determine if a person is a sexually violent predator shall be initiated by the filing of written information by the Prosecuting Attorney.
9.2.b. The proceeding to determine if a person is no longer a sexually violent predator shall be initiated by the filing of a petition by the person who has been determined to be a sexually violent predator providing that the underlying conviction has been reversed, vacated or set-aside.
9.3. Before determining sexually violent predator status, the sentencing court may order a psychiatric or other clinical examination. After such examination, the court may further order a period of observation to be conducted at an appropriate facility within the state. The choice of the facility is to be made after consulting with the Director of the Division of Health.
9.4. Before determining sexually violent predator status, the court shall, by order, request a report from the Board.
9.4.a. The order shall be issued within thirty (30) business days of the filing of the information by the Prosecuting Attorney or a petition by the person.
9.4.b. The court shall forward its order, the information or petition, as well as the entire criminal record, all medical and/or psychiatric records and any other relevant materials to the Board.
9.4.b.1. The court order shall provide that any and all records, documents and materials received by the Board are confidential and not subject to public disclosure or dissemination.
9.5. At the hearing to determine sexually violent predator status the court shall:
9.5.a. Allow the person whose status is in question to be present.
9.5.b. Allow the person whose status is in question to be represented by counsel, introduce evidence and cross-examine witnesses.
9.5.c. Allow the person whose status is in question access to a summary of the medical evidence to be presented by the state.
9.5.d. Allow the person whose status is in question to be examined by an independent expert of their choice and use this experts testimony as evidence on their behalf.
9.5.e. Make a finding of fact on the person’s sexually violent predator status based on a preponderance of the evidence.
9.6. The clerk of the court shall forward a copy of the court’s final order and the following information to the Registry by certified or registered mail.
9.6.a. Name of the offender and;
9.6.b. Date of birth and;
9.6.c. Social Security number and;
9.6.d. The crime for which the person was convicted and;
9.6.e. Date of conviction and;
9.6.f. Sentence imposed.
9.7. The court may, at the time of sentencing of any criminal offense that is not covered in 6.1 of this procedural rule, determine that the offense was sexually motivated, thus requiring the person convicted of the offense to register as a sex offender.
9.8. A court shall, upon presiding over a criminal matter resulting in conviction or a finding of not guilty by reason of mental illness, mental retardation or addiction of a qualifying offense, cause, within seventy-two (72) hours of entry of the commitment or sentencing order, the transmittal to the sex offender registry for inclusion in the registry all information required for registration by a registrant as well as the non-identifying information regarding the victim or victims:
9.8.a. His or her sex;
9.8.b. His or her age at the time of the offense; and
9.8.c. The relationship between the victim and the perpetrator.
9.9. Upon request of the West Virginia State Police, provide any and all requested records relating to a sex offender to the West Virginia State Police.
W. Va. Code R. § 81-14-10 Responsibility of Circuit Court
10.1. A Circuit Court may, upon petition by a resident of a county, order the Registry to release information about persons residing in that county that are required to register.
10.1.a. When petitioned to release information, the court shall determine if the requested information is relevant to public safety and outweighs the need for confidentiality of the person(s).
10.1.a.1. The court may further order limitation upon secondary dissemination of the information released by the Registry by the resident seeking the information.
10.2. Upon request of the West Virginia State Police, provide any and all requested records relating to a sex offender to the West Virginia State Police.
W. Va. Code R. § 81-14-11 Responsibility of the Prosecuting Attorney
11.1. Following the conviction of a person required to be registered or when receiving knowledge that a person required to be registered is being released from incarceration, the Prosecuting Attorney may initiate proceedings seeking to establish that a person is a sexually violent predator by filing of a written information with the circuit court that sentenced the offender.
11.1.a. The written information shall describe a record of judgment of the court regarding the person’s conviction.
11.1.b. The written information shall contain a short and plain statement of the claim that the person suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexual offenses.
11.2. When notified that a sexually violent predator intends to reside in their county, the Prosecuting Attorney shall, in cooperation with the Registry, conduct a community notification/education program.
11.3. When notified that a person required to register for life intends to reside in their county, the Prosecuting Attorney shall cooperate with the Registry in conducting a community notification/education program.
11.4. Upon request of the West Virginia State Police, provide any and all requested records relating to a sex offender to the West Virginia State Police.
W. Va. Code R. § 81-14-12 Sex Offender Registration Advisory Board
12.1. General.
12.1.a. The scope of the Sex Offender Registration Advisory Board is defined in W. Va. Code §15-12-2 (b), as amended. The Act is regulatory in nature and not penal. The provisions of the Act apply retroactively and prospectively.
12.1.b. Liberal Construction. The provisions of this rule will be liberally construed to permit the Board to discharge its statutory functions and to secure just and expeditious determination of all matters before the Board; therefore, for good cause, the Board may, at any time suspend the requirements of any of these regulations.
12.1.c. Immunity. The Board shall be immune from civil liability for damages arising out of any action for carrying out its responsibilities in the administration of W. Va. Code §15-12-1 et. seq., as amended, except when the board acts with gross negligence or in bad faith.
12.1.d. Delegation of Powers and Duties. Except where contrary to law, the Board may delegate any of its powers to the employees or agents of the Board.
12.1.e. Meetings. The West Virginia Sex Offender Registration Advisory Board shall meet as called for by the Board President, a majority of the Board members or the Secretary of the Department of Military Affairs and Public Safety. A quorum consists of three members, one of whom shall be a mental health professional. Meeting location will be at the discretion of the Board President.
12.1.f. Mail. The West Virginia Sex Offender Registry located at West Virginia State Police Headquarters, shall be responsible for the receipt of all correspondence and requests for reports from the courts.
12.2. Referral by Circuit Court.
12.2.a. After the court sentences a person convicted of a sexually violent offense as provided in W. Va. Code §15-12-2 et. seq., as amended, and upon the commencement of a summary proceeding, the court shall, by order, request a report from the West Virginia Sex Offender Registration Advisory Board. The order shall be issued within thirty (30) business days of the filing of the information by the prosecuting attorney or a petition by the sex offender.
12.2.b. The report shall set forth the Boards findings, conclusions and a recommendation on the issue of whether the sex offender is or is not a sexually violent predator subject to the registration requirements in W. Va. Code §15-12-4, as amended, or is no longer a sexually violent predator.
12.2.c. The court shall request and receive the report prior to the hearing to determine if the sex offender is or is not a sexually violent predator or is no longer a sexually violent predator.
12.2.d. The court order, the information or petition as well as the entire criminal record, all medical and/or psychiatric records and any other relevant materials shall be forwarded to the West Virginia Sex Offender Registration Advisory Board, West Virginia State Police Headquarters, 725 Jefferson Road, South Charleston, West Virginia 25309.
12.2.e. The court order shall provide that any and all records, documents and materials received by the Board are confidential and not subject to public disclosure or dissemination.
12.2.f. Faxed materials are accepted only if the original documents are received within five (5) business days of the date of the fax transmission.
12.2.g. Submission dates shall be determined by postmark, or if hand-delivered, by office receipt stamp and the date of the fax transmission.
12.2.h. Upon receipt of the court order and all relevant documents, the Sex Offender Registry shall forward copies of the same to each member of the Board. All copies of documents mailed or delivered to individual Board members shall be destroyed by the Registry after the Board issues its findings, conclusions and recommendation to the court. The original shall be maintained at the office of the Sex Offender Registry.
12.2.i. In the event the Board is unable to make a decision based on the information provided by the court, the Board shall inform the court of the specific information needed to make findings, conclusions and a recommendation. The Board may request the court to order the information listed in 12.3.c. of these procedural rules be made available.
12.3. Duties of the Sex Offender Registration Advisory Board.
12.3.a. The Board shall issue a report setting forth its findings, conclusions and a recommendation within thirty (30) business days from the date the Board received the courts order requesting the report.
12.3.b. The Board shall consider all case records, interview data, mental health and treatment summaries, relevant materials submitted by the sex offender as well as any other relevant documents that have been timely submitted to the Board.
12.3.c. Other factors that may be considered include, but are not limited to, are:
12.3.c.1. The sex offender’s criminal record from the National Criminal Information Center (NCIC) and the Interstate Identification Index (III) or other legal jurisdiction criminal record;
12.3.c.2. Probation and parole records;
12.3.c.3. A copy of the original criminal complaint;
12.3.c.4. The police investigation report;
12.3.c.5. Witness statements;
12.3.c.6. A copy of the indictment;
12.3.c.7. A copy of the plea agreement;
12.3.c.8. The victim(s) impact statement;
12.3.c.9. The sex offender’s use of alcohol, illegal drugs and misuse of prescription drugs;
12.3.c.10. Psychological and psychiatric assessments defined by the Board;
12.3.c.11. Participation in sex offender programs in and/or out of correctional facilities;
12.3.c.12. Any mental illness or mental disability of the sex offender;
12.3.c.13. Any mental hygiene hearing reports;
12.3.c.14. The nature of the sexual contact with the victim;
12.3.c.15. Demonstrated patterns of sexual abuse performed by or against the sex offender;
12.3.c.16. Any display of unusual cruelty during the commission of any and all convicted offenses;
12.3.c.17. Any behavioral characteristics that contribute to the sex offender’s conduct;
12.3.c.18. A review of commonly accepted sex offender risk factors;
12.3.c.19. An assessment of the sex offender’s empathy and remorse for the offense he or she was convicted of;
12.3.c.20. An assessment of the sex offender’s understanding and intentions regarding the registration statute;
12.3.c.21. An assessment of the sex offender’s plans to not re-offend;
12.3.c.22. An assessment of the sex offender’s cognitive, affective and behavioral resources to not re-offend;
12.3.c.23. An assessment of the sex offender’s psycho social history;
12.3.c.24. Trial transcript; and;
12.3.c.25. Relevant reports from the West Virginia Department of Health and Human Resources.
12.4. Findings and Conclusions.
12.4.a. When the Board finds that the sex offender is a sexually violent predator, the following findings shall have been made:
12.4.a.1. The sex offender was convicted of an eligible offense as provided in W. Va. Code §15-12-2, as amended, and;
12.4.a.2. The sex offender suffers from a mental abnormality or personality disorder and;
12.4.a.3. The sex offender is likely to engage in predatory violent offenses.
12.4.b. When the Board finds that the sex offender is not a sexually violent predator; the following findings shall have been made:
12.4.b.1. The sex offender was not convicted of an eligible offense(s) or;
12.4.b.2. The sex offender does not suffer from a mental abnormality or;
12.4.b.3. The sex offender is not likely to engage in violent predatory offenses.
12.4.c. When the Board finds that the sex offender is no longer a sexually violent predator, the following findings shall have been made:
12.4.c.1. The sex offender no longer suffers from a mental abnormality and;
12.4.c.2. The sex offender is not likely to engage in sexually violent predatory offenses.
12.4.c.3. The underlying conviction has been reversed, vacated or set aside.
W. Va. Code R. § 81-14-13 Responsibilities of the State Police
13.1. The State Police detachments shall serve as the local law enforcement agency that actually administers the registration procedures upon the person required to be registered.
13.2. The registration of sex offenders shall include the offenders signature on a completed WVSP 270 Notification of Sex Offender Responsibility and Registration Certification and the entry of the following information into the Livescan device;
13.2.a. Full name;
13.2.b. Date of birth
13.2.c. Social Security number;
13.2.d. Sex, race, height, weight, hair and eye color;
13.2.e. Any current physical and mailing address(es) including owned or leased habitable real property the person regularly visits;
13.2.f. County of residence(s);
13.2.g. All telephone numbers including cellular and electronic paging device;
13.2.h. Date of address change;
13.2.i. Make, model, year, color and license number of all vehicles including any travel trailer, fold down camping trailer, house trailer or motor home the person has registered or which he or she regularly operates;
13.2.j. Employer name and complete address including county;
13.2.k. School or training facility name and complete address including county;
13.2.l. All Internet Provider(s) and Account(s) including screen names, user names, e-mail addresses or aliases used on the Internet;
13.2.m. Jurisdiction (State and County of conviction) and conviction date;
13.2.n. Date released from incarceration or placed on probation;
13.2 o. Conviction offense;
13.2.p. Parole or Probation officer name and telephone number;
13.2.q. Left and right finger slaps, both thumbprints, rolled fingerprints, left and right upper and lower palm prints, and left and right writer’s palms;
13.2.r. At least three photographs to include a front profile, and a right and left profile, including no less than the shoulder area to the top of the head of the person not wearing a hat or sunglasses;
13.2.s. Required signatures of the person;
13.2.t. Required information of uniformed member(s);
13.2.u. The detachment shall retain a copy of the registration and shall display the date the post office was contacted and date the address was physically verified on the detachment’s copy.
13.3. When a person required to be registered arrives at a State Police detachment located in the county where the person resides, intends to reside, works, attends school or will visit for more than fifteen (15) continuous days, the Detachment Commander, or in his/her absence, another uniformed member, shall;
13.3.a. Obtain photo identification and;
13.3.b. Enter into the Livescan device all information stipulated in 13.2 of this procedural rule, completion of WVSP 270 and;
13.3.c. Obtain fingerprints utilizing procedures outlined in 13.2.q;
13.3.d. Obtain photographs utilizing procedures outlined in 13.2.r;
13.3.e. All information entered into the Livescan device shall be submitted electronically to the Registry; the completed WVSP 270 shall be mailed to the Sex Offender Registry within 5 business days and a copy maintained in the detachment file.
13.3.f. A copy of the completed obtained by accessing the Intranet Livescan profiles and printing the completed registration. This completed registration shall be kept in the detachment Sex Offender Registry file;
13.3.g. Within fifteen (15) working days of the date of registration a uniformed member of the West Virginia State Police shall make an appearance at the person’s residence to verify that the person resides at or has moved from the given address, and; shall contact the Post Office to verify that person receives mail or no longer receives mail at the given address and document date verified on detachment copy;
13.3.g.1. If the Post Office is unable to verify the person is receiving mail at the given address, the inquiring officer shall notify the Registry in writing of same.
13.3.h. If for any reason the Livescan device is unavailable the detachment commander, or in his/her absence, another uniformed member shall;
13.3 h.1. Complete the registration form(s), to include all information stipulated in 13.2 of this procedural rule;
13.3.h.2. Take two (2) full sets of fingerprints on FD 249 ( FBI Fingerprint Card);
13.3.h.3. Take at least (2) full face photographs without a hat or sunglasses of the person using a placard with the name, detachment, and date of the photograph. Additional photographs may be taken and placed in an investigative file located at the detachment;
13.3.h.4. The completed original registration form(s) and the two (2) full sets of fingerprints (FD 249) shall be mailed to the Registry within five (5) business days. Photographs shall be transmitted electronically to the Registry within five (5) business days. A copy of the form(s) and a photograph shall be kept in the detachment Sex Offender Registry file;
13.4. When a person previously registered arrives at the detachment to report a change of address or a change in any other registration information, the Detachment Commander or in his/her absence, another uniformed member shall;
13.4.a. Enter into the Livescan device all information required in 13.2 of this procedural rule or if available, may retrieve offender’s previous information from Livescan device and make necessary changes;
13.4.a.1. Obtain photographs following the procedure outlined in 13.2.r. of this procedural rule;
13.4.a.2. All information entered into the Livescan device shall be transmitted electronically to the Registry. The completed WVSP 270 shall be mailed to the Sex Offender Registry within 5 business days;
13.4.a.3. A copy of the completed registration and a copy of the completed WVSP 270 form shall be kept in the detachment Sex Offender Registry file. The completed registration shall be obtained by accessing the Intranet Livescan files and printing the completed registration;
13.4.a.4. Follow verification procedures in 13.3.g of this procedural rule.
13.4.b. If the Livescan device is unavailable follow the procedure outlined in 13.3.h.
13.5. When notified that a registered person has moved out of their county and has no other registration requirement within that county, the Detachment Commander shall forward all registration documents and photographs pertaining to the person to the Registry.
13.5.a. Copies of the photographs and registration documents may remain at the detachment in an investigative file.
13.6. When notified of a registered person’s intent to move out of state, the Detachment Commander, or in his/her absence, another uniformed member, shall: follow the procedure in 13.4.a., 13.4.a.1 13.4.a.2, 13.4.a.3, 13.4.a.4 or 13.4.b of this procedural rule.
13.7. If the Registry informs the Detachment Commander that additional fingerprints are needed on a person moving from another state or living in another state and carrying on a vocation, working or attending school or visiting for more than fifteen (15) continuous days in West Virginia, the Detachment Commander shall:
13.7.a. Ascertain the location of the person and require the person to report to the detachment to be fingerprinted using the Livescan device or if the Livescan device is unavailable fingerprint using two (2) FD 249 (FBI fingerprint cards.)
13.7.b. The information entered into the Livescan device, including the fingerprints requested by the Registry, shall be transmitted electronically to the Registry. If using the fingerprint cards (FD249) these shall be mailed to the Registry within five (5) business days.
13.8. When an officer makes contact with anyone with a previous conviction of a sexual offense or may be required to register as defined in W. Va. Code §15-12-2 et. seq., as amended, the Detachment Commander, or in his/her absence, another uniformed member, shall report that contact to the Registry for verification of registration requirements. This contact shall be by telephone or fax stating name and date of birth of the person and the offense for which they were convicted or the qualifying offense.
13.9. Within five (5) business days after receiving a completed registration, the Detachment Commander, or in his/her absence, another uniformed member, shall cause the distribution of information obtained via the completed registration to:
13.9.a. All law enforcement agencies including any campus police department within the county or counties covered by the detachment and;
13.9.b. The County Superintendent of Schools, and;
13.9.c. The Child Protective Services investigators within the detachment area of responsibility.
13.10. Upon receiving information on a person who resides or intends to reside in the county(ies) covered by the detachment that the person’s place of employment, school or training facility or place of visitation for more than fifteen (15) continuous days is located in another detachment area, the Detachment Commander, or in his/her absence, another uniformed member, shall forward a copy of the completed registration to the affected detachment(s).
13.11. When the detachment receives a facsimile copy from the Registry of a list of those persons who have been sent a certified letter informing them of their requirement to verify their address, the list shall serve as a notice that the person has been informed of their requirement to verify his/her address and has ten (10) business days from receipt of certified letter to comply.
13.11.a. When the person arrives at the detachment for address verification, the Detachment Commander, or in his/her absence, another uniformed member shall:
13.11.a.1. Follow the procedure in §§13.3, 13.3.a., 13.3.b., 13.3.c, 13.3.d, 13.3.e 13.3.f or 13.3.h;
13.11.a.2. Follow the verification procedure in 13.3.g of this procedural rule.
W. Va. Code R. § 81-14-14 The Responsibilities of Law Enforcement Agencies, Other Than the State Police
14.1. Assist cooperatively upon request of the Prosecuting Attorney or the Registry in conducting the community notification/education program.
14.2. Responsibly manage the information concerning sexual offenders residing within the county.
14.2.a. Refrain from secondary dissemination of the information.
14.2.b. Utilize the information for investigative purposes only.
14.3. When making contact with anyone convicted of a sexual criminal offense or qualifying offense, the agency shall report that contact to the Registry for verification of registration requirements. This contact shall include name and date of birth of the person, current address and offense of which the offender was convicted.
14.4. As the provisions of this Act apply both retroactively and prospectively, if informed by the Registry that they have arrested a person who was convicted prior to the enactment of the Sex Offender Registration law, but who is not registered and may be required to register, the agency shall provide the Registry with the person’s current address and any available information pertaining to the person.
14.5. Upon request of the West Virginia State Police, provide any and all requested records relating to a sex offender to the West Virginia State Police.
W. Va. Code R. § 81-14-15 Responsibilities of the Sex Offender Registry
15.1. The Registry shall maintain the central registry of information on those persons who are required to be registered.
15.2. Maintain a roster of all authorized community organizations or religious organizations that regularly provide services to youths in the county and have signed the Sex Offender Non-Disclosure Agreement.
15.2.a. This roster of authorized organizations may also include individuals and organizations that provide day care services for youth or day care, residential, or respite care, or other supportive services for incapacitated, infirm or mentally incapacitated persons.
15.2.a.1. To be included in this roster, the individual or organization shall make a written request to the Registry stating the services provided, the counties served, and a statement as to why the individual or organization should be eligible to receive sex offender registration information.
15.2.a.2. To be included in this roster, the individual or organization shall, if applicable, provide any legal documents, charters, statute, license, etc., that authenticate the organization as a community or religious organization that regularly provides services to youths in the county or provides residential care, respite care, or other supportive services for incapacitated, infirm or mentally incapacitated persons. The individual or organization shall sign the Sex Offender Non-Disclosure Agreement.
15.2.b. The Registry shall remove an organization from the roster of authorized community organization or religious organization when that organization or a member of that organization has violated the terms of the Sex Offender Non-Disclosure Agreement or when that organization no longer meets the requirements outlined in this section or requests removal.
15.3. The Registry shall maintain and make available to the public, at least quarterly, a list of all persons who are required to register for life. This list will be separated and disseminated by county of residence.
15.3.a. The list shall be released following a telephone or written request by a member of the public. The list shall be for the county in which the requesting person resides.
15.3.a.1. To receive quarterly updates, the requesting person must resubmit their telephone or written request on a quarterly basis.
15.3.b. The list shall include the municipality of place of employment, training or school and the street and house address (physical location) of the person’s residence, but shall not include the name of employer, training or school.
15.4. The Registry shall maintain and make available to the public a list of all persons who are required to register for life that shall be accessible through the Internet.
15.4.a. The list shall include the municipality of place of employment, training or school and the street and house address (physical location) of the person’s residence but shall not include the name of employer, training or school.
15.5. Within five (5) business days of receiving a person’s registration, the Registry shall forward electronically the information reported via a completed registration to all authorized community and religious organizations that are to receive sex offender registration information.
15.6. Within fifteen (15) business days of receiving a person’s registration, the Registry shall notify the FBI National Sex Offender Registry (NSOR).
15.7. Within fifteen (15) business days of receiving a lifetime person’s registration, the Registry shall update its available information accessible to the public via the quarterly mailing and the Internet.
15.8. The Registry is authorized to release sex offender registration information and documentation to federal, state and local governmental agencies responsible for conducting pre-employment checks.
15.9. The Registry may release sex offender registration information and documentation, when properly requested, to authorized law enforcement and governmental agencies of the United States, its territories, foreign countries authorized to receive the same, other state jurisdictions and the state of West Virginia.
15.9.a. These countries/government jurisdictions must stipulate in writing that this information will be used solely for law enforcement related purposes.
15.10. The Registry may release sex offender registration information and documentation, when properly requested, to the West Virginia Crime Victims Compensation Fund.
15.11. The Registry shall release a list of sex offenders not subject to notification on the Internet and who reside, work, attend school or visit for more than fifteen (15) continuous days in a county to a resident of same county only upon being properly ordered by a circuit court to make such a release.
15.12. Within fifteen (15) business days of notification, the Registry shall remove a name from the Registry when properly ordered by a circuit court following a petition by a registered person whose conviction has been overturned and shall:
15.12.a. Inform the FBI National Sex Offender Registry (NSOR) when a name has been removed from the Registry;
15.12.b. Inform the State Police detachment, in the county where the person resides, the person has been removed from the Registry files and the Internet;
15.12.c. Inform all authorized community and religious organizations that have been properly registered to receive sex offender registration information when a name has been removed from the registry.
15.12.d. If the person was required to register for life, the Registry shall update the list of persons made available to the public through the Internet and by telephone request.
15.13. When notified that a person required to register has changed or intends to change their address to an address outside the county where the person has been residing the Registry shall:
15.13.a. If applicable, within fifteen (15) business days of the notice, inform the State Police detachment in the county where that person resided.
15.14. When notified that a person required to register has changed or intends to change their address the Registry shall, within fifteen (15) business days of the notice, if the person was required to register for life, update the list of persons made available to the public through the Internet.
15.14.a. When notified that a person required to register has moved or intends to move out of state, the Registry shall within ten (10) business days of the notice, inform the Sex Offender Registry point of contact for the state in which the person intends to reside and forward requested information as per the contact’s instructions.
15.15. When notified by a court of its determination that a person is or is no longer a sexually violent predator, the Registry shall:
15.15.a. Within fifteen (15) business days of the notice, inform the State Police detachment and all authorized community and religious organizations of the court’s determination of the person’s sexually violent predator status.
15.15.b. Within fifteen (15) business days of the notice, update the list of persons made available to the public through the Internet.
15.15.c. Within fifteen (15) business days of the notice, inform the Prosecuting Attorney in the county where the person resides of the court’s determination of the person’s sexually violent predator status.
15.16. When a court has requested a report from the Sex Offender Registration Advisory Board, the Registry shall:
15.16.a. Receive and date stamp any mail, fax transmissions or hand delivered documents addressed to the Board at the Registry office address.
15.16.b. Upon receipt of the court order and all relevant documents, forward copies of the same to each member of the Board, retaining all original documents within the Registry.
15.16.c. Inform the Board of a meeting time and place as determined by the Board President.
15.16.d. Assist the Board in forwarding the report to the requesting court.
15.16.e. Provide the Board with relevant background information, such as a criminal history record, on the person.
15.17. The Registry shall conduct, as outlined in this rule and at any time as requested by the Prosecuting Attorney, in cooperation with the Prosecuting Attorney, a community notification/education program.
15.17.a. Coordinate with the Prosecuting Attorney to arrange a time and meeting place for the program.
15.17.b. Provide handouts, brochures and involve appropriate local community persons that can provide information and services.
15.18. The Registry shall upon receipt of notification of a Sexually Violent Predator registering or being determined in West Virginia, notify the West Virginia Department of Motor Vehicles pursuant to W. Va. Code §17B-2-3 within ten (10) business days.
W. Va. Code R. § 81-14-16 Responsibilities of Community Organizations or Religious Organizations Authorized to Receive Sex Offender Registration Information
16.1. Individuals or organizations that provide the following services are authorized to receive sex offender registration information:
16.1.a. Youth or day care services or;
16.1.b. Residential care or;
16.1.c. Respite care or;
16.1.d. Other supportive services for incapacitated, infirm or mentally incapacitated persons.
16.2. These organizations shall provide all legal documents, charters, statute, licenses, etc. that authenticate the organization as a community or religious organization providing services to youth in the county or providing residential care, respite care, or other supportive services for incapacitated, infirm or mentally incapacitated persons.
16.3. These organizations and/or individuals shall sign and abide by the terms set forth in WVSP Form Sex Offender Non-Disclosure Agreement Form and shall:
16.3.a. Limit the use of the provided information to its intended purpose;
16.3.b. Use the information to develop prevention and safety strategies and;
16.3.c. Destroy all documentation when it is no longer needed for the purpose for which it was provided and;
16.3.d. Only allow authorized officials of said organization access to the information and;
16.3.e. Not disseminate the information to any other organization, agency or person and;
16.3.f. Implement reasonable and necessary procedures to protect this information from unauthorized access, alteration or destruction.
16.4. Individuals and organizations shall responsibly manage the information pertaining to sex offender registrations.
16.4.a. The information shall not be used to harass or intimidate persons registered as stated in W. Va. Code §15-12-1a., as amended.
16.4.b. The information shall not be used in any attempt to affect the person’s employment or housing status.
W. Va. Code R. § 81-14-17 Responsibilities of Those Persons Required to Register
17.1. Responsibilities at the time of conviction.
17.1.a. The person who has pled guilty, is convicted or found not guilty by reason of mental illness, mental retardation or addiction of those crimes listed in 6.1 of this procedural rule that require registration, or those offenses determined by the sentencing court to have been sexually motivated, shall sign in open court and on the record, a statement that they understand the sex offender registration requirements.
17.1.a.1. The statement, once signed and witnessed, constitutes prima fascia evidence that the person has knowledge of the sex offender registration requirements.
17.1.b. The person shall respond to the court’s interrogation to verify that the person has received notice and understands the provisions of the Act.
17.2. Responsibilities concerning sexually violent predator status.
17.2.a. At the hearing to determine sexually violent predator status, the person whose status is in question, shall be present, and shall have the right to be represented by counsel, introduce evidence and cross examine witnesses.
17.2.b. Prior to the hearing, the person whose status is in question shall have the right to an examination by an independent psychiatric or clinical expert of their choice and have the right to utilize the testimony of such expert as a medical witness on their behalf.
17.2.c. If determined by a court to be a sexually violent predator, the person must comply with all registration requirements pertinent to a sexually violent predator as set forth in 17.1 et. seq. and 13.3 of this procedural rule.
17.2.d. The proceeding seeking to establish that a person is no longer a sexually violent predator is initiated by the filing of a petition by the person determined to be a sexually violent predator providing that the underlying conviction has been reversed, vacated or set aside.
17.3. Responsibilities of the person upon release from an incarceration facility.
17.3.a. Within three (3) business days of release the person shall physically appear at a State Police Detachment in the county of residence and supply information necessary to complete the registration process and comply with the procedures in 13.3 of this procedural rule.
17.4. Responsibilities after conviction or plea of guilty, but prior to actual incarceration.
17.4.a. Within three (3) business days of conviction or entering of a guilty plea, the person shall physically appear at a State Police Detachment in the county of residence and supply information necessary to complete the registration process and comply with the procedures in 13.3 of this procedural rule providing that the person is not incarcerated.
17.5. Responsibilities for verification of address.
17.5.a. When initially registering at a State Police detachment, the person shall supply a mailing and physical address(es) to the uniformed member.
17.5.a.1. Following the registration process, the person shall cooperate fully with the State Police uniformed member when he/she physically arrives at the person’s address to verify that the given address is correct.
17.5.b. Once the person is included in the Registry, the address verification shall continue to be required. In the month of their birth, the person shall be sent a certified registration notification from the Registry.
17.5.b.1. Those persons determined to be a sexually violent predator shall be sent the registration notification in the months of January, April, July and October to comply with the every ninety (90) day requirement.
17.5.b.2. All other persons shall be sent a registration notification once a year.
17.5.c. The person shall physically appear at a State Police detachment in the county(ies) they reside, attend school, or are employed within ten (10) business days of receiving the registration notification and comply with the procedures outlined in 13.3.b, 13.3 c, and 13.3.d of this procedural rule.
17.5.d. Regardless of a person being sent or receiving a registration notification, registered persons shall comply with the registration verification process outlined in 17.5.c.
17.5.e. Persons required to register must comply with all verification inquiries or requests made by the State Police.
17.6. Responsibility of the person when changing address or encountering any change in registration information.
17.6.a. Within ten (10) business days prior to the actual change of address the person shall physically appear at the State Police detachment where they last registered and advise of their intent to move as well as provide their new address according to the change of address procedure in 13.4 of this procedural rule.
17.6.a.1. If incarcerated and intending to reside out-of-state or out-of-country, the person required to register must notify correctional officials before their release of such intent and the actual address where they will reside.
17.6.b. Within ten (10) business days following the move, the person must physically appear at the State Police detachment in the county(ies) where the new address is located and provide the new address according to the registration procedure outlined in 13.3 of this procedural rule.
17.6.c. Within ten (10) business days of a change in registration information, the person must physically appear at a State Police detachment in the county(ies) where they reside, work or attend school and provide the information necessary to comply with the registration procedures outlined in 13.4.a of this procedural rule.
17.7. Responsibilities of out-of-state registrants.
17.7.a. All persons who are required to register as a sex offender in the state where they reside, and meet one of the following criteria, must register within three (3) business days of the start of their employment, work, school enrollment or visit;
17.7.a.1. Employed in West Virginia or;
17.7.a.2. Carry on a vocation in West Virginia or;
17.7.a.3. A student in West Virginia or;
17.7.a.4. Is visiting for more than fifteen (15) continuous days.
17.7.b. The person required to register shall physically appear at a State Police Detachment in the county(ies) in which the place of employment, school, vocation and/or the place of visitation is located and provide all necessary information to comply with the registration procedures outlined in 13.3 of this procedural rule.
17.8. Responsibilities of a sex offender in another state moving to West Virginia.
17.8.a. Within ten (10) business days of the change of address, the person shall physically appear at the State Police detachment in the county(ies) where they reside or intend to reside and provide the information necessary to complete the registration procedures in 13.3 of this procedural rule.
17.9. Responsibility of a person who is required to register and resides in one county and works, carries on a vocation, attends school or is visiting for more than fifteen (15) continuous days in another county(ies).
17.9.a. The person required to register shall physically appear at a State Police Detachment in the county(ies) in which the place of employment, school, vocation or place of visitation is located and provide the necessary information to complete the registration procedures outlined in 13.3 of this procedural rule.
17.10. Responsibility of a person who is qualified to be registered as a sex offender, but is not included in the Registry.
17.10.a. As the provisions of this Act apply both retroactively and prospectively, if a person has been convicted or found not guilty by reason of mental illness, mental retardation or addiction of any offense listed in 6.1 and 6.2 of this procedural rule or of any offenses determined by the sentencing court to have been sexually motivated and is required to register, but is not included in the Registry, the person must register as a sex offender.
17.10.a.1. Within ten (10) business days of being notified, by certified mail from the Registry, of their responsibility to register, the person must physically appear at a State Police detachment in the county(ies) where they reside, work and/or attend school and provide all information necessary to complete the registration procedures outlined in 13.3 of this procedural rule.
W. Va. Code R. § 81-14-18 Community Notification/Education Meetings
18.1. The meetings shall be conducted within fifteen (15) business days from the time that the responsible Prosecuting Attorney receives notification that a Sexually Violent Predator has moved to or intends to reside in that county.
18.2. Additional community notification/ education meetings may be conducted at the discretion of the Prosecuting Attorney.
18.2.a. After determining that a community notification/education program will be repeated, the Prosecuting Attorney shall promptly notify the Registry to initiate the proceedings for the meeting.
18.3. The meetings shall be conducted by the Registry and in collaboration with the Prosecuting Attorney, local law-enforcement agencies, probation and/or parole, community organizations, victim resource organizations and victim advocates.
18.4. The community notification/ education meeting shall include, but is not limited to:
18.4.a. A brief presentation, on West Virginia’s sex offender law, its origins in Federal Legislation, state and national statistics of registered sex offenders.
18.4.b. Handouts will include information naming sex offenders subject to public notification residing in the county that the meeting is being held.
18.4.b.1. The information will include the municipality of place of employment or training or school and the street and house address (physical location) of the person’s residence, but shall not include the name of the employer, training or school.
18.4.c. Open forum for questions from the public.
W. Va. Code R. § 81-14-19 Responsibilities of the Public
19.1. Communities and individuals shall responsibly manage the information pertaining to sex offenders.
19.1.a. The information shall not be used to harass or intimidate.
19.1.b. The information shall not be used in any attempt to affect the person’s employment or housing status.
W. Va. Code R. § 81-14-20 Documents Available
Unless otherwise specified in the proceeding rule, the following documents are available by contacting the Sex Offender Registry at:
Sex Offender Registry Criminal Records West Virginia State Police 725 Jefferson Road South Charleston, WV 25309 Telephone number: 304-746-2133 Fax number: 304-746-2402
20.1. Registration form(s).
20.2. FD-249, FBI fingerprint card.
20.3. Sex Offender Information Bulletin-Notification of Release.
20.4. Sex Offender Information Non-Disclosure Release Agreement.
20.5. List of all persons, updated quarterly, and separated by county of residence who are required to register for life as a sex offender.
81CSR14
81CSR14
Series 15 Bail Bond Enforcer Registration, Authorization And Notification Procedures And Requirements
W. Va. Code R. § 81-15-1 General
1.1. Scope. -- This interpretive rule explains the procedures for bail bond enforcer registration, the requirements for becoming a bail bond enforcer and the responsibilities of the parties involved.
1.2. Authority. -- W. Va. Code ''51-10A-2 and 15-2-25.
1.3. Filing Date. -- August 17, 2000.
1.4. Effective Date. -- September 18, 2000.
W. Va. Code R. § 81-15-2 Definitions
2.1. ABail bondsman@ means any person, partnership or corporation engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, for the appearance of persons charged with a criminal offense or violation of law punishable by fine or imprisonment before any court within or without this state. The term Abail bondsman@ includes, but is not limited to, persons conducting a bonding business as defined in W. Va. Code '51-10-1.
2.2. ABail bond enforcer@ means a nonresident bail bond enforcer and/or a resident bail bond enforcer as defined in sections 2.4. and 2.8. of this rule.
2.3. AEnforcement Authorization@ means a written agreement between a bail bondsman and a bail bond enforcer allowing the bail bond enforcer to act on behalf of the bail bondsman as defined in sections 2.4. and 2.8. of this rule.
2.4. ANonresident bail bond enforcer@ means a person who is registered and authorized as provided for in this rule, who is not a resident of the state of West Virginia and who on behalf of a bail bondsman enters this state for the purpose of: (1) assisting a bail bondsman in presenting the defendant in court when required; (2) assisting in the apprehension and surrender of the defendant to a court; (3) keeping a defendant under surveillance; or (4) executing bonds on behalf of a bail bondsman when a power of attorney has been duly recorded.
2.5. ANotification@ means communication by a bail bond enforcer or a bail bondsman with the West Virginia State Police, by letter or by facsimile, for the purpose of reporting anticipated actions on the part of the bail bond enforcer as required in section 4.4.a. and 4.4.b. of this rule.
2.6. ARegistration Authorization@ means a written statement from a bail bondsman indicating a bail bond enforcer has authority to act as an agent for the bail bondsman. This authorization is for the sole purpose of registration of the bail bond enforcer and does not grant enforcement authority.
2.7. AResident@ means a person who maintains his/her permanent principal home within the boundaries of the state of West Virginia and such domicile has been maintained for not less than thirty consecutive days prior to his/her application for registration.
2.8. AResident bail bond enforcer@ means a person who is registered and authorized as provided for in this rule, who is a resident of the state of West Virginia who acts on behalf of a bail bondsman by: (1) assisting a bail bondsman in presenting the defendant in court when required; (2) assisting in the apprehension and surrender of the defendant to a court; (3) keeping a defendant under surveillance; or (4) executing bonds on behalf of a bail bondsman when a power of attorney has been duly recorded.
W. Va. Code R. § 81-15-3 Persons Required to Register
3.1. Any person performing the functions of a bail bond enforcer as described in ' 51-10A-1(b) of the Code of W. Va. and/or any person acting in the capacity of a bail bond enforcer as described in ' 51-10A-2(a) of the Code of W. Va. must register as a bail bond enforcer.
3.2. Registration shall be for an individual person. A firm, partnership, or corporation, as such, may not be registered as a bail bond enforcer.
W. Va. Code R. § 81-15-4 Requirements and Procedures for Registration, Authorization and Notification
4.1. Applicants for bail bond enforcer registration must meet the following registration requirements:
a. Be twenty-one (21) years of age or older on date of application.
b. Be a citizen of the United States.
c. Have no convictions for any felony crime.
d. Have no convictions for any misdemeanor that was violent in nature or that involved a firearm or other dangerous weapon.
4.2. Registration as a Bail Bond Enforcer requires the applicant to submit the following items to the West Virginia State Police:
a. Completed Bail Bond Enforcer Registration Application.
b. Two (2) complete sets of fingerprints (Federal and State Applicant) taken by a member or authorized civilian employee of the West Virginia State Police. (A valid government issued photo identification must be presented before the registrant will be fingerprinted. Acceptable identification includes but is not limited to driver=s license, non drivers identification cards, and military identification cards).
c. Two (2) recent, full face, color photographs of the registrant. Minimum size: 3" x 3", maximum size: 4" x 6".
d. A minimum of one (1) completed registration authorization or enforcement authorization as specified in section 4.3.b. (Additional enforcement authorizations may be submitted once the registration is approved)
e. Registration and authorization filing fees as required by section 7 of this rule.
4.3. Authorization of a bail bond enforcer:
a. Authorization shall be for an individual person. A firm, partnership, or corporation, as such, may not receive authorization as a bail bond enforcer.
b. A Registration Authorization Form must be included with the Bail Bond Enforcer Registration Application, but if an Enforcement Authorization is submitted with the registration application a Registration Authorization is not required. Enforcement authorization forms may be submitted with the registration application or at any time during the active life of the registration.
c. Registration and/or enforcement authorization shall be made through the use of the applicable Bail Bond Enforcer Authorization Form(s), available from: West Virginia State Police, Criminal Records Section, Bail Bond Enforcer Registration, 725 Jefferson Road, South Charleston, West Virginia 25309-1698.
d. Upon approval, the registrant will be issued an Enforcement Authorization Card by the West Virginia State Police indicating a valid enforcement authorization is on file. The Enforcement Authorization Card and a valid government issued photo identification must be carried by the bail bond enforcer when performing activities as defined in section 2.4. and/or 2.8. of this rule. In addition, a bail bond enforcer conducting a bail bond apprehension must have in his/her possession written documentation authorizing the apprehension of the person. Written documentation shall be in the form of a bail piece or a completed Apprehension Form.
e. A duplicate Enforcement Authorization Card may be obtained for cards that are lost or stolen by making a written request to the Director, West Virginia State Police, Criminal Records Section and submitting the required fee as set forth in 7.6. of this rule. The West Virginia State Police reserves the right to reject requests for multiple replacement cards.
f. No enforcement authorization shall become effective until it has been received, approved and placed on file by the West Virginia State Police.
g. Bail bond enforcers who have a valid registration on file may forward the initial or additional enforcement authorization forms, along with the appropriate fee(s) to the West Virginia State Police, Criminal Records Section, Bail Bond Enforcer Registration.
4.4. Pre-action notification required by bail bond enforcers a. Prior to taking or attempting to take into custody any defendant the bail bond enforcer shall make notification of such intention to the West Virginia State Police primary station responsible for the area in which the bail bond enforcer will be acting. A list of the primary stations and the counties covered by each is available from the West Virginia State Police, Criminal Records Section.
b. A nonresident bail bond enforcer shall additionally be required to make notification to the West Virginia State Police detachment responsible for the area in which he/she will be acting as to the date the he/she will enter the state. A nonresident bail bond enforcer shall also make notification when he/she has concluded his/her actions within the state and as to when he/she will leave the state.
c. A bail bond enforcer who has made the required pre-action notification who learns that the subject is in a county not included in the initial pre-action notification shall make an additional pre-action notification as required in section 4.4.a.
d. A bail bond enforcer, who has made the pre-action notification required in 4.4.a., who is in active pursuit of an individual is not required to make additional written notification if the subject enters a county not included in the initial pre-action notification. Provided that the bail bond enforcer shall contact the West Virginia State Police detachment responsible for the county by telephone or in person as soon as reasonably possible and make a verbal notification.
W. Va. Code R. § 81-15-5 Expiration, Revocation, Denial, Renewal and Limitations of Registration, Authorization and Notifications
5.1. Registration and enforcement authorization(s) must be approved and on file with the West Virginia State Police before the enforcer can act in such a capacity.
5.2. Registration is valid for a period of two (2) years from the date of approval.
5.3. Registration shall be deemed revoked at such time as the registrant becomes unable to meet the criteria for initial registration set forth in section 4.1. of this rule or if the registrant conducts any activity in noncompliance with the provisions of this rule or '51-10A-2 of the Code of W. Va.
5.4. If a bondsman ceases to function as such, any and all authorizations made by the bondsman will expire at the time the bondsman ends such business.
5.5. A bondsman may revoke any authorization given by them by notifying the Director of the Criminal Records Section of the West Virginia State Police in writing.
5.6. Return of a personal check used to pay registration and/or authorization fees will result in the revocation of the authorization and/or registration of the bail bond enforcer.
5.7. Authorization cards remain the property of the West Virginia State Police and shall be returned to the Director of the Criminal Records Section upon revocation of such authorization. Return of expired authorization cards is not required.
5.8. Any attempt to use an expired authorization card shall be grounds for revocation of the bail bond enforcer registration.
5.9. Renewal of a registration shall be accomplished by submitting the following items:
a. Completed Bail Bond Enforcer Registration Application b. Two (2) recent, full face, color photographs of the registrant. Minimum size 3" x 3", maximum size 4" x 6".
c. A minimum of one (1) completed registration authorization or enforcement authorization unless a valid registration or enforcement authorization is on file and in effect at the time of the registration renewal.
5.10. Authorizations as such are not renewable, however a bail bondsman may make a new authorization to the same bail bond enforcer setting forth the same conditions as a previous authorization which has expired.
W. Va. Code R. § 81-15-6 Limitations of Bail Bond Enforcers
6.1. Bail bond enforcers may not enter an occupied residential structure without the consent of the occupants who are present at the time of the entry.
6.2. Bail bond enforcers may not conduct a bail recovery apprehension without written authorization as required in sections 4.3.d. and 5.1 of this rule.
6.3. Bail bond enforcers shall not wear, carry or display any uniform, badge, shield or other insignia or emblem that implies the bail bond enforcer is an employee, officer or agent of this state or any other state, a political subdivision of this state or any other state or of the federal government. A bail bond enforcer may display identification that indicates his/her status as a bail bond enforcer only.
6.4. A bail bond enforcer shall not conduct a bail bond apprehension without exercising due care to protect the safety of persons other than the defendant and the property of persons other than the defendant.
6.5. Registration and/or authorization does not authorize a bail bond enforcer to carry any dangerous or deadly weapon or exempt the bail bond enforcer from the requirements of W. Va. Code '61-7-3 or any other provisions of law.
W. Va. Code R. § 81-15-7 Fees
7.1. Fees shall be paid by personal check, cashier=s check or money order only, cash payments are not acceptable.
7.2. A non-refundable fee of fifty dollars ($50.00) must accompany initial and renewal applications for registration as a bail bond enforcer.
7.3. A non-refundable fee of ten dollars ($10.00) must accompany each registration authorization.
7.4 A non-refundable fee of ten dollars ($10.00) must accompany each enforcement authorization.
7.5. No fee is required for notifications.
7.6. A non-refundable fee of five dollars ($5.00) is required for each duplicate enforcement authorization card request.
81CSR15
Series 16 Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Registration Act
W. Va. Code R. § 81-16-1 General
1.1. Scope. -- This procedural rule explains the responsibilities and the administration of the West Virginia Child Abuse and Neglect Registry, and the responsibility of offenders of child abuse and neglect required to register, incarceration facilities, probation or parole officers, sentencing courts, Circuit Court, Prosecuting Attorney, State Police, all law enforcement agencies, and the Department of Health and Human Resources. The Child Abuse and Neglect Registration Act is regulatory in nature and is not penal. The provisions of this Act apply retroactively and prospectively.
1.2. Authority. -- This rule is issued under authority of W. Va. Code §§15-13-1 et. seq. and 15-2-25.
1.3. Filing Date -- August 19, 2010.
1.4. Effective Date -- September 20, 2010.
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.
W. Va. Code R. § 81-16-3 Purposes
3.1. Assist local law enforcement agencies efforts to protect the children exposed to the offenders of child abuse and neglect by regulating how offenders register with the Child Abuse and Neglect Registry at their local State Police detachments.
3.2. Provide the Department of Health and Human Resources notification of registered offenders of child abuse and neglect within five (5) business days in a format acceptable to the technologies of both the State Police and the Department of Health and Human Resources, so to assist in the performance and function of Child Protective Services and aid in the proper distribution and disclosure of offender information to persons specified in W. Va. Code §15-13-5(b).
3.3. Inform the law enforcement, criminal justice entities, other governmental agencies and the person of their rights and responsibilities as it pertains to the Act.
3.4. To prescribe the manner of how a person is to register and the manner of how information pertinent to the registry originating from the probation officers, parole officers, courts, law enforcement officers and officials of Department of Health and Human Resources responsible for overseeing the release of offenders of child abuse and neglect is to be forwarded to the Registry.
W. Va. Code R. § 81-16-4 Objectives
4.1. To enter all offenders of child abuse or neglect into the Registry as prescribed in W. Va. Code §15-13-1 et seq. in a timely and accurate manner.
4.2. Transmit copies of notification statements to the Department of Health and Human Resources as set forth in W. Va. Code §15-13-5.
4.3. Inform the Department of Health and Human Resources of any changes to the original notification statement as set forth in W. Va. Code §15-13-5.
4.4. Maintain accurate and current records of child abuse and neglect offenders so to assist in the investigative efforts of law enforcement, criminal justice entities and Child Protective Services in matters pertaining to child abuse and neglect.
4.5. Maintain accurate and current records of child abuse and neglect offenders to aid the Department of Health and Human Resources in its determination of effective action to secure the safety and wellbeing of children.
W. Va. Code R. § 81-16-5 Intent, Findings and Severability
5.1. Legislative Intent and Findings: The intent of the Child Abuse and Neglect Registration Act is to assist law-enforcement agencies efforts to protect children from offenders of child abuse and neglect by requiring offenders of child abuse and neglect to register with a State Police detachment in the county where they reside. It is not the intent of the Legislature that the information be used to inflict either retribution or additional punishment on any person requiring registration under the West Virginia Child Abuse and Neglect Registration Act. It is the intent of the Legislature to provide for the safety of children who are exposed to persons convicted of the crimes of child abuse and neglect, found not guilty solely by reason of mental illness, mental retardation or addiction of the crimes of child abuse and neglect or 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 has made 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.
5.2. Severability. If any sections or subsections of this rule are determined to be invalid, it shall not be construed to invalidate any of the provisions not otherwise affected.
W. Va. Code R. § 81-16-6 Persons Required to Register
6.1. All persons who are convicted, enter a plea of guilty or found not guilty by reason of mental illness, mental retardation or addiction, of committing any of the following criminal offenses of child abuse and neglect are to register:
6.1.a. Murder of child by parent, guardian or custodian or other person by refusal or failure to supply necessities, or by delivery, administration or ingestion of a controlled substance, W. Va. Code §61-8D-2,
6.1.b. Death of a child by a parent, guardian or custodian or other person by child abuse, W. Va. Code §61-8D-2a,
6.1.c. Child abuse resulting in injury; child abuse or neglect creating risk of injury, W. Va. Code §61-8D-3, as amended,
6.1.d. Female genital mutilation, W. Va. Code §61-8D-3a,
6.1.e. Child neglect resulting in injury; child neglect creating risk of injury, W. Va. Code §61-8D-4, as amended,
6.1.f. Child neglect resulting in death, W. Va. Code §61-8D-4a.
6.2. All persons convicted of offenses with similar provisions in another state, federal or military jurisdictions or convicted of municipal ordinances which possess the same elements of the qualifying offenses are to register in West Virginia if they reside in the state.
6.3. Any person convicted of any 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.
6.4. Any person convicted, entered a plea of guilty or found not guilty by reason of mental illness, mental retardation or addiction, of committing any of the criminal offenses set forth in 6.1, 6.2 and 6.3 of this procedural rule and has been accepted into supervision from another state under the terms and conditions of the Interstate Compact for Supervision of Adult offenders.
6.5. All persons convicted of offenses with similar provisions in another state, federal or military jurisdiction, if they reside, work, attend school or if they visit for more than fifteen (15) continuous days in the state.
W. Va. Code R. § 81-16-7 Duration of Registration
7.1. Persons required to register shall comply with this rule, except during ensuing periods of incarceration, for a minimum period of ten (10) years from the time of release from prison, jail or mental health facility or ten (10) years have elapsed since the person was placed on probation, parole, or supervised or conditional release
7.1.a. The ten (10) year registration requirement shall not be reduced by the offender’s release from probation, parole suspended sentence or supervised or conditional release.
7.1.b. If the conviction which required the person to register is overturned, the registrant shall petition the court to have their name removed from the registry.
W. Va. Code R. § 81-16-8 Responsibilities of Administrators of Incarceration Facilities, Administrators of Mental Health Facilities, Probation or Parole Officers
8.1. Administrator, probation or parole officers include, but are not limited to:
8.1.a. Commissioner of Corrections or his/her designee or;
8.1.b. Regional jail administrator or his/her designee or;
8.1.c. Chief or Sheriff operating a jail or his/her designee or;
8.1.d. Secretary of Department of Health and Human Resources or his/her designee or;
8.1.e. Probation officer or;
8.1.f. Parole officer or;
8.1.g. Person(s) assigned to the supervision of the person to be registered following their release from incarceration or confinement or;
8.1.h. Person(s) accepting supervision and has legal authority over a person from another state under the terms and conditions of the Interstate Compact for Supervision of Adult offenders and required to register under 6.1, 6.2 or 6.3 of this procedural rule.
8.2. Release from incarceration or confinement shall include, but is not limited to:
8.2.a. Granted probation or;
8.2.b. Granted a suspended sentence or;
8.2.c. Release on probation or;
8.2.d. Release on parole or;
8.2.e. Release on home detention or confinement or;
8.2.f. Release on work release or;
8.2.g. Discharge the sentence or;
8.2.h. Conditional release or;
8.2.i. Release from a mental health facility following confinement due to a finding of not guilty by reason of mental illness, retardation or addiction or;
8.2.j. Any other type of release, transfer or change of disposition status from incarceration or confinement.
8.3. The administrator, probation or parole officer who supervises a person required to be registered or accepts supervision and has legal authority over a person from another state under the terms and conditions of the Interstate Compact for Supervision of Adult offenders and required to register under 6.1, 6.2, 6.3, or 6.4 of this procedural rule, shall within three (3) business days of the persons’ release date, obtain the information required by way of a written notice.
8.3.a. The written notice shall be completed on registration form(s) designated by the Superintendent or an agency equivalent and shall include:
8.3.a.1. Full name of the person to be registered including any aliases, nicknames and other names used by the person.
8.3.a.2. Date of birth and;
8.3.a.3. Person’s social security number and;
8.3.a.4. Full physical address, including any and or all county(ies), where the person resides or intends to reside and;
8.3.a.5. Name and full address of employer or place of occupation at time of registration or any anticipated future employers or places of occupation including county and;
8.3.a.6. Name and full address of any school or training facility the person is attending at time of registration or expects to attend including county and;
8.3.a.7. Ages, names and relationship to the registrant, of any children in the household of the registrant, of any children currently living or subsequently born to the registrant and;
8.3.a.8. Right thumb print and;
8.3.a.9. Brief description of the crime for which the person was convicted and;
8.3.a.10. Jurisdiction of arrest or conviction and;
8.3.a.11. The date of conviction and;
8.3.a.12. If incarcerated, the date of release from incarceration and;
8.3.a.13. If applicable, the name and telephone number of the probation or parole officer and;
8.4. The administrator, probation or parole officer shall provide the person with a statement acknowledging that the person has been informed of his or her duty to register.
8.5. The administrator, probation or parole officer shall have the person sign and date the registration form(s) advising the person of their responsibility to register.
8.6. The administrator, probation or parole officer shall send the original registration form(s) to the Registry and a copy to the State Police detachment in the county(ies) where the person will reside.
8.6.a. A copy of the registration form(s) will be maintained by the administrator, probation or parole officer and;
8.6.b. A copy of the completed registration form(s) shall be given to the person to be registered.
8.7. The administrator, probation or parole officer shall have the signatures applied to the registration form(s) notarized. The form shall have an embossed/raised official seal or official stamp of the controlling government agency placed upon said form.
8.8. Upon request of the West Virginia State Police, the administrator, probation or parole officer shall provide any and all requested records relating to an offender of child abuse and neglect to the West Virginia State Police.
W. Va. Code R. § 81-16-9 Responsibilities of the Sentencing Court
9.1. At the time the person is convicted of the crimes set forth in 6.1 or 6.3 of this procedural rule, the sentencing court shall:
9.1.a. Inform the person so convicted of the requirements to register imposed by this article and shall further satisfy itself by interrogation of the defendant or his or her counsel that the defendant has received notice of the provisions of this article and that the defendant understands said provisions.
9.1.b. Have the person sign in open court, a statement acknowledging that the person understands the requirements imposed by the Act.
9.2. If the person convicted has not requested an appeal within thirty days of the sentencing for such conviction, the clerk or recorder of the sentencing court shall, within ten (10) business days of the end of the appeal period, forward to the Registry by certified or registered mail, a copy of the court’s final order and the registry form(s) designated by the Superintendent or an agency equivalent that shall include:
9.2.a. Full name of the person to be registered including any aliases, nicknames and other names used by the person and;
9.2.b. Date of birth and;
9.2.c. Person’s social security number and;
9.2.d. Full physical address, including any and or all county(ies), where the person resides or intends to reside and;
9.2.e. Name and full address of employer or place of occupation at time of registration or any anticipated future employers or places of occupation including county and;
9.2.f. Name and full address of any school or training facility the person is attending at time of registration or expects to attend including county and;
9.2.g. Ages, names and relationship to the registrant, of any children in the household of the registrant, of any children currently living or subsequently born to the registrant and;
9.2.h. Right thumb print and;
9.2.i. Brief description of the crime for which the person was convicted and;
9.2.j. Jurisdiction of arrest or conviction and;
9.2.k. The date of conviction and;
9.2.l. Sentence imposed and;
9.2.m. If applicable, the name and telephone number of the probation or parole officer and;
9.2.n. A complete set of fingerprints.
9.3. If following an appeal, the person was convicted in circuit court, the circuit clerk shall, within thirty (30) days after entry of the judgment, forward to the Registry by certified or registered mail, a copy of the court’s final order and a registry form(s) designated by the Superintendent or an agency equivalent that shall include the information included in 9.2 of this rule.
9.4. A court shall, upon presiding over a criminal matter resulting in a finding of not guilty by reason of mental illness, mental retardation or addiction of a qualifying offense, cause, within three (3) business days the finding, forward to the Registry by certified or registered mail, a copy of the court’s final order and a registry form(s) designated by the Superintendent or an agency equivalent that shall include the information listed in 9.2 of this rule.
9.5. Upon request of the West Virginia State Police, the sentencing court shall provide any and all requested records relating to an offender of child abuse or neglect to the West Virginia State Police.
W. Va. Code R. § 81-16-10 Responsibilities of the State Police
10.1. The State Police detachments shall serve as the local law enforcement agency that in actuality administers the registration procedures upon the person required to be registered.
10.2. The registration of child abuse or neglect offenders shall include the completion of WVSP 271 Notice of Child Abuser Responsibility and Registration Certification and the entry of the following information into the Livescan device;
10.2.a. Full name;
10.2.b. Any aliases, nicknames and other names used by the person;
10.2.c. Date of birth;
10.2.d. Social Security number;
10.2.e. Sex, race, height, weight, hair and eye color;
10.2.f. Current physical and mailing address(es);
10.2.g. County of residence(s);
10.2.h. Previous address and date of address change;
10.2.i. Ages, names and relationship to the registrant, of any children in the household of the registrant, of any children currently living or subsequently born to the registrant;
10.2.j. Name and address of employer or place of occupation at time of registration or any anticipated future employers or places of occupation including county;
10.2.k. Name and address of any school or training facility the person is attending at time of registration or expects to attend including county and;
10.2.l. Jurisdiction (State and County of conviction) and conviction date;
10.2.m. Date released from incarceration or placed on probation;
10.2 n. Conviction offense;
10.2.o. Parole or Probation officer name and telephone number;
10.2.p. Left and right finger slaps, both thumbprints, rolled fingerprints, left and right upper and lower palm prints, and left and right writer’s palms;
10.2.q. Required signatures of the person;
10.2.r. Required information of uniformed member(s);
10.2.s. The detachment shall retain a copy of the registration form(s).
10.3. When a person required to be registered arrives at a State Police detachment located in the county where the person resides, the Detachment Commander, or in his/her absence, another uniformed member, shall;
10.3.a. Completion of WVSP 271 and enter into the Livescan all information stipulated in 10.2 of this procedural rule and;
10.3.b. Obtain fingerprints utilizing procedures outlined in 10.2.p;
10.3.c. Information entered into the Livescan device shall be submitted electronically to the Registry and the original WVSP 271 Child Abuser Responsibility and Registration Certification shall be mailed to the Child Abuse Registry within five (5) business days.
10.3.d. A copy of the completed registration form(s) shall be kept in the detachment Child Abuse and Neglect Registry file and may be obtained by accessing the Intranet Livescan files and printing the completed form.
10.3.e. If for any reason the Livescan device is unavailable the detachment commander or, in his/her absence, another uniformed member shall;
10.3.e.1. Complete the registration form(s), to include all information stipulated in 10.2 of this procedural rule;
10.3.e.2. Take two (2) full sets of fingerprints on FD 249 ( FBI Fingerprint Card);
10.3.e.3. Take at least (2) full face photographs without a hat or sunglasses of the person using a placard with the name, detachment, and date of the photograph. Additional photographs may be taken and placed in an investigative file located at the detachment;
10.3.e.4. The completed original registration form(s), an original photograph, and the two (2) full sets of fingerprints (FD 249) shall be mailed to the Registry within five (5) business days. A copy of the form(s) shall be kept in the detachment Sex Offender Registry file;
10.4. When a person previously registered arrives at the detachment to report a change of address or a change in any other registration information, the Detachment Commander or in his/her absence, another uniformed member shall;
10.4.a. Complete all information required in 10.2 of this procedural rule or if available, may retrieve offender’s previous information from Livescan device and make necessary changes;
10.4.a.1. All information entered into the Livescan device shall be transmitted electronically to the Registry; the completed original WVSP 271 Child Abuser Responsibility and Registration Certification shall be mailed to the Child Abuse Registry within five (5) business days.
10.4.a.2. A copy of the completed update to registration form(s) shall be kept in the detachment Offenders of Child Abuse and Neglect Registry file. These copies shall be obtained by accessing the Intranet Livescan files and printing the registration form.
10.4.b. If Livescan device is unavailable the detachment commander, or in his/her absence, another uniformed member, shall follow the procedure in 10.3.e. of this procedural rule.
10.5. When notified that a registered person has moved out of their county and has no other registration requirement within that county, the Detachment Commander shall maintain copies of registration and updates to registration documents at the detachment in an investigative file.
10.6. When notified of a registered person’s intent to move out of state, the Detachment Commander, or in his/her absence, another uniformed member, shall follow the process in 10.4.a. of this procedural rule.
10.7. If the Registry informs the Detachment Commander that additional fingerprints are needed on a person moving from another state or living in another state, the Detachment Commander shall;
10.7.a. Ascertain the location of the person and require the person to report to the detachment to be fingerprinted using the Livescan device or if the Livescan device is unavailable fingerprint using two (2) FD 249 (FBI fingerprint cards);
10.7.b. The information entered into the Livescan device, including the fingerprints requested by the Registry, shall be transmitted electronically to the Registry. If using the fingerprint cards (FD 249) these cards shall be mailed to the registry within five (5) business days.
10.8. When a uniformed member makes contact with anyone that may be required to register as defined in 6.1, 6.2 or 6.3 of this procedural rule but is not registered or has not signed a statement acknowledging that they have been informed of his or her duty to register, that officer shall report this contact to the Detachment Commander and the Registry for verification of registration requirements. This contact information shall be relayed to the Registry by telephone or fax and shall state the name and date of birth of the person, current address and the offense for which they were convicted or the qualifying offense.
10.9. Responsibly manage the information concerning offenders of child abuse or neglect residing within the county.
10.9.a. Refrain from secondary dissemination of the information.
10.9.b. Utilize the information for investigative purposes only.
W. Va. Code R. § 81-16-11 Responsibilities of Law Enforcement Agencies, Other Than the State Police
11.1. Responsibly manage the information concerning offenders of child abuse or neglect residing within the county.
11.1.a. Refrain from secondary dissemination of the information.
11.1.b. Utilize the information for investigative purposes only.
11.2. When making contact with anyone that may be required to register as defined in 6.1, 6.2 or 6.3 of this procedural rule but is not registered or has not signed a statement acknowledging that they have been informed of his or her duty to register, the agency shall report that contact to the Registry for verification of registration requirements. This contact information shall be relayed to the Registry by telephone or fax and shall state the name and date of birth of the person, current address and the offense for which they were convicted or the qualifying offense.
11.3. As the provisions of this Act apply both retroactively and prospectively, if informed by the Registry that they have arrested a person who was convicted prior to the enactment of the Child Abuse and Neglect Registration Act, but who is not registered and may be required to register, the agency shall provide the Registry with the person’s current address and any available information pertaining to the person.
11.4. Upon request of the West Virginia State Police, provide any and all requested records relating to an offender of child abuse or neglect to the West Virginia State Police.
W. Va. Code R. § 81-16-12 Responsibilities of the Child Abuse and Neglect Registry
12.1. The Registry shall maintain the central registry of information on those persons who are required to be registered.
12.2. The Registry is authorized to release child abuse or neglect registration information and documentation to federal, state and local governmental agencies responsible for conducting pre-employment checks.
12.3. The Registry may release child abuse or neglect registration information and documentation, when properly requested, to authorized law enforcement and governmental agencies of the United States, its territories, foreign countries authorized to receive the same, other state jurisdictions and the state of West Virginia.
12.3.a. These countries/government jurisdictions must stipulate in writing that this information is necessary in the interest of and administration of official duties and criminal laws.
12.4. Within five (5) business days of notification, the Registry shall remove a name from the Registry when properly ordered by a circuit court following a petition by a registered person whose conviction has been overturned and shall;
12.4.a. Within five (5) business days of receipt of the notice, inform the State Police detachment, in the county where the person resides, that the person has been removed from the Registry files.
12.4.b. Within five (5) business days of receipt of the notice, provide the updated information to the Department of Health and Human Resources that the person has been removed from the registry.
12.5. When notified that a person required to register has changed or intends to change their address to an address outside the county where the person has been residing the Registry shall;
12.5.a. Within five (5) business days of notification, update the Registry with the person’s change of address or intended address.
12.5.b. Within five (5) business days of receipt of the notice, inform the State Police detachment, in the county where the person resides, of the person’s change of address or intended address.
12.5.c. Within five (5) business days of receipt of the notice, inform the State Police detachment, in the county where the person intends to reside, of the person’s change of address or intended address and the need for that person to register by physically appearing in that State Police detachment and providing the information required for registration.
12.5.d. Within five (5) business days of receipt of the notice, provide the information to the Department of Health and Human Resources of the person’s change of address or intended address.
12.6. When notified that a person required to register has moved or intends to move outside of the state, or country, the Registry shall;
12.6.a. Within five (5) business days of notification, update the Registry with the person’s change of address or intended address.
12.6.b. Within five (5) business days of receipt of the notice, inform the State Police detachment, in the county where the person resides, of the person’s change of address or intended address.
12.6.c. Within five (5) business days of receipt of the notice, provide the information to the Department of Health and Human Resources of the person’s change of address or intended address.
12.6.d. Within ten (10) business days of the notice, inform the law enforcement officials in the jurisdiction where the person indicated he or she intends to reside of the information provided by the person and any other information included in the Registry.
12.7. Upon request by a registered individual, the information pertaining to that individual shall be forwarded within fifteen (15) business days by certified or registered mail.
12.8. Upon receipt of a statement from a person included in the Registry that all or part of the recorded information is inaccurate, the Registry shall;
12.8.a. Within thirty (30) business days of receipt of the statement ascertain if the recorded information contains any inaccuracies.
12.8.b. Within fifteen (15) business days of verification of any inaccuracies, correct any identified inaccuracies.
12.8.c. Within five (5) business days of verification of any inaccuracies, inform the State Police detachment, in the county where the person resides of the corrected information.
12.8.d. Within five (5) business days of verification of any inaccuracies, provide the corrected information to the Department of Health and Human Resources.
12.9. The registry shall maintain an active file or log of requests for information included in the Registry for a period of one year of date of request. The file shall include:
12.9.a. Full name of the authorized requester;
12.9.b. If applicable, the full name and address of the authorized requester’s agency or organization;
12.9.c. If not associated with an agency or organization, the full address of the authorized requester;
12.9.d. A statement detailing the need for the requested information or, if applicable, the provision of code(s) specifying the information is to be utilized for investigative purposes.
12.10. The registry is authorized to enter into agreement with other states providing for the reciprocal sharing of abuse and neglect registry information.
12.11. Provide registration form(s) designated by the Superintendent to law enforcement officers, circuit courts, court clerks, town recorders and parole and probation officers to facilitate submission of appropriate information necessary to administer the Child Abuse and Neglect Registry.
W. Va. Code R. § 81-16-13 Responsibilities of Those Persons Required to Register
13.1. Responsibilities at the time of conviction or sentencing.
13.1.a. The person who has pled guilty, is convicted or found not guilty by reason of mental illness, mental retardation or addiction of those crimes listed in 6.1 or 6.2 of this procedural rule that require registration or is convicted of any 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, then that person shall sign in open court and on the record, a statement that they understand the registration requirements for offenders of child abuse and neglect.
13.1.a.1. The statement, once signed and witnessed, constitutes prima fascia evidence that the person has knowledge of the registration requirements for offenders of child abuse and neglect.
13.1.b. The person shall respond to the court’s interrogation to verify that the person has received notice and understands the provisions of the Act.
13.1.c. The person shall supply information necessary to complete the registration process and comply with the procedures in 9.2, 9.3, or 9.4 of this procedural rule
13.2. Responsibilities of the person to be released or transferred from an incarceration or confinement facility.
13.2.a. Within three (3) business days of release the person shall physically appear at a State Police Detachment in the county of residence and supply information necessary to complete the registration process and comply with the procedures in 10.2 of this procedural rule.
13.3. Responsibilities after conviction, plea of guilty, finding of not guilty due to mental illness, mental retardation or addiction, but prior to actual incarceration or confinement.
13.3.a. Providing that the person is not incarcerated, the person will within three (3) business days of conviction, entering of a guilty plea, or finding of not guilty due to mental illness, mental retardation or addiction, the person shall physically appear at a State Police Detachment in the county of residence and supply information necessary to complete the registration process and comply with the procedures in 10.2 of this procedural rule.
13.4. Responsibility of the person when changing address or encountering any change in registration information.
13.4.a. Within ten (10) business days prior to the actual change of address the person shall physically appear at the State Police detachment where they last registered and advise of their intent to move as well as provide their new address according to the change of address procedure in 10.4 of this procedural rule.
13.4.a.1. If incarcerated and intending to reside out-of-state or out-of-country, the person required to register must notify correctional officials before their release of such intent and the actual address where they will reside.
13.4.b. Within ten (10) business days following the move, the person must physically appear at the State Police detachment in the county(ies) where the new address is located and provide the new address according to the registration procedure outlined in 10.4 of this procedural rule.
13.4.c. Within ten (10) business days of a change in any of the registration information, the person must physically appear at a State Police detachment in the county(ies) where they reside and provide the information necessary to comply with the registration procedures outlined in 10.4. of this procedural rule.
13.5. Responsibilities of out-of-state registrants.
13.5.a. All persons who are required to register as a child abuse or neglect offender in the state where they reside, and meet one of the following criteria, must register within three (3) business days of the start of their employment, work, school enrollment or visit;
13.5.a.1. Employed in West Virginia or;
13.5.a.2. Carry on a vocation in West Virginia or;
13.5.a.3. A student in West Virginia or;
13.5.a.4. Visiting for more than fifteen (15) continuous days.
13.5.b. The person required to register shall physically appear at a State Police Detachment in the county(ies) in which the place of employment, school, vocation and/or the place of visitation is located and provide all necessary information to comply with the registration procedures outlined in 10.3 of this procedural rule.
13.5.c. When directed by the State Police, physically appear at State Police Detachment in the county of residence to verify or provide any additional information or documentation necessary to ensure complete and accurate Registry records.
13.6. Responsibilities of a child abuse or neglect offender in another state moving to West Virginia.
13.6.a. Within ten (10) business days of the change of address, the person shall physically appear at the State Police detachment in the county(ies) where they reside or intend to reside and provide the information necessary to complete the registration procedures in 10.3 of this procedural rule.
13.7. Responsibility of a person convicted, entered a plea of guilty or found not guilty by reason of mental illness, mental retardation or addiction, of committing any of the criminal offenses set forth in 6.1, 6.2 or 6.3 of this procedural rule and has been accepted into supervision from another state under the terms and conditions of the Interstate Compact for Supervision of Adult offenders.
13.7.a. Within three (3) business days of entering the state, the person shall physically appear at a State Police Detachment in the county of residence and supply information necessary to complete the registration process and comply with the procedures in 10.3 of this procedural rule.
13.8. Responsibility of a person who is qualified to be registered as an offender of child abuse or neglect, but is not included in the Registry.
13.8.a. As the provisions of this Act apply both retroactively and prospectively, if a person has been convicted or found not guilty by reason of mental illness, mental retardation or addiction of any offense listed in 6.1 and 6.2 of this procedural rule or if 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 and is required to register, but is not included in the Registry, the person must register as an offender of child abuse and neglect.
13.8.a.1. Within ten (10) business days of being notified, by certified mail from the Registry, of their responsibility to register, the person must physically appear at a State Police detachment in the county(ies) where they reside and provide information necessary to complete the registration procedures outlined in 10.3 of this procedural rule.
13.9. Any person who is required to register under the provisions of this rule, shall when directed by the State Police, physically app ear at State Police Detachment in the county of residence to verify or provide any additional information or documentation necessary to ensure complete and accurate Registry records.
§81-14-14. Documents Available.
Unless otherwise specified in the proceeding rule, the following documents are available by contacting the Child Abuse and Neglect Registry at:
Child Abuse and Neglect Registry Criminal Records West Virginia State Police 725 Jefferson Road South Charleston, WV 25309 Telephone number: 304-746-2133 Fax number: 304-746-2402
14.1. Registration form(s).
14.2. FD-249, FBI fingerprint card.
81CSR16
81CSR16
Series 17 Regulations And Procedures Pertaining To The West Virginia Child Abuse And Neglect Investigations Unit
W. Va. Code R. § 81-17-1 General
1.1. Scope. -- This procedural rule explains the responsibilities and the administration of the Child Abuse and Neglect Investigations Unit and the responsibility of the Department of Health and Human Resources, Child Protective Services (CPS), the West Virginia State Police, other law enforcement officers, prosecuting attorneys, circuit clerks and parole officers within the state as designated by the Child Protection Act of 2006.
1.2. Authority. -- This rule is issued under authority of W. Va. Code §§15-2-15 et. seq. and 15-2-25.
1.3. Filing Date. -- April 7, 2008.
1.4. Effective Date. -- May 15, 2008.
W. Va. Code R. § 81-17-2 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. “Child Abuse and Neglect Registry” -- the registry of offenders 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 conviction 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. This registry is maintained by the West Virginia State Police and housed in the Criminal Records Section.
2.2. “Child Protection Act” -- herein known as the Act. Article 15-11-1 et. seg. of the West Virginia Criminal Code, that sets forth the creation of the Child Abuse and Neglect Investigations Unit within the West Virginia State Police particularizing in child abuse and neglect investigations, the requirement that state and local entities report information to the unit, and for the provision for the creation and maintenance of statistical indexes of child abuse and neglect allegations and convictions.
2.3. “Child Protective Services” -- herein know as CPS. A specialized component of the broader public system of services to children and families, known as West Virginia Department of Health and Human Resources (DHHR), Bureau for Children and Families (BCF) which is a system of Risk and Safety Based Decision-Making Model. This model is adapted from the Child at Risk Field system developed by ACTION for Child Protection, a non-profit child welfare agency. CPS intervention is to be for the purpose of protecting and controlling the safety of children who are at risk of maltreatment and to provide services to alter the conditions which created the risk of maltreatment.
2.4. “Child Abuse and Neglect Investigations Unit” -- also known as the Child Protection Unit within the West Virginia State Police specializing in child abuse and neglect investigations consisting of a minimum of six members charged with the assistance of CPS workers and State Police members across the state in such matters, the provision of training, technical expertise and coordination of services for other law enforcement agencies, Child Protective Services caseworkers, prosecuting attorneys, multi-disciplinary investigative teams and the maintenance of the statistical index of child abuse and neglect allegations and conviction.
2.5. “Child” -- any person under the age of eighteen who is not an emancipated minor.
2.6. “Critical incident” -- a situation that leaves a child at risk for receiving a serious physical injury or has resulted in a child fatality.
2.7. “Law enforcement” -- for the purposes of this rule, this definition applies to any police agency (state, county or municipal) located in the jurisdiction in which the incident in question occurred.
2.8. “Multi-Disciplinary Investigative Team” -- herein known as MDIT. A team defined in §49-5D-2, headed and directed by the county prosecuting attorney including a CPS caseworker, a local law enforcement officer, and where appropriate, a child advocacy center representative and a representative from the licensed domestic violence program serving the county. The MDIT is responsible for coordinating or cooperating in the initial and ongoing investigation of all civil and criminal allegations pertinent to cases involving child sexual assault, child sexual abuse, child abuse and neglect, and shall make recommendation to the county prosecuting attorney as to the initiation of commencement of a civil petition and/or criminal prosecution. A MDIT is not the same as a multi-disciplinary team as defined in §49-1-3(g) and commonly known as a “treatment team”.
2.9. “Risk” -- the likelihood that a child will be maltreated without intervention.
2.10. “Sexual abuse allegations” -- assertions of any inappropriate contact between the perpetrator and the victim’s genitals, mouth, anus or breast, that include, but are not limited to the following acts; sexually suggestive verbal remarks and/or requests, intimate kissing or touching, fondling of genitals or breasts, intercourse, digital penetration, sodomy, oral sex, exhibitionism, exploitative or sexual coercion through prostitution or the production of pornographic materials whether for money or not.
2.11. “Serious physical injury” -- any injury(ies) which threaten the life or the developmental progress of a child. Examples of serious physical injury include, but are not limited to, spinal fractures, multiple broken bones, head trauma, severe bruising to the head and neck, and/or genital mutilation.
W. Va. Code R. § 81-17-3 Purposes
3.1. The Child Protection Act of 2006 emphasizes the need for effective collaboration between CPS, the West Virginia State Police and local law enforcement in order to reduce the number of critical incidents to children and focus on identifying investigating and prosecuting criminal child abuse and neglect cases. The primary purpose of the Child Protection Unit is to promote the joining of the West Virginia State Police and CPS so to provide an effective governmental approach to reducing child fatalities and aid in the prosecution of perpetrators of child abuse and neglect.
3.2. Develop and maintain a statewide statistical index of child abuse and neglect allegation and convictions for violations of §§61-8D-2, 61-8D-2a, 61-8D-3, 61-8D-3a. 61-8D-4 or 61-8D-4a, so to monitor the timely and proper investigation and disposition of child abuse and neglect criminal cases.
3.3. Provide training, technical expertise and coordination of services for other law enforcement agencies, CPS caseworkers, prosecuting attorneys, and MDITs, as it pertains to the identification, investigation, reporting and prosecution of criminal child abuse and neglect cases.
3.4. Provide the legislative Joint Committee on Government and Finance an annual report that includes the statistical index described in state code §15-2-15(d) as well as recommendations for statutory or program reforms beneficial for the unit and its goals.
W. Va. Code R. § 81-17-4 Objectives
4.1. Concretize that the primary principle governing investigative and prosecutorial efforts is safeguarding the victim from further abuse from the perpetrator and from systemic abuse.
4.2. Develop and exercise a protocol for the interaction of the Child Protection Unit and CPS that compliments the mission of both parties and achieves more timely and effective management of criminal child abuse and neglect cases, ultimately resulting in improving the overall welfare of the child.
4.3. Promote the utilization of the West Virginia Child Abuse and Neglect Registry information in law enforcement investigations and in the monitoring of perpetrators.
4.4. Inform law enforcement and criminal justice organizations, governmental agencies and other entities within the child protection community as well as the general public of their rights and responsibilities as they pertain to the Act.
4.5 Prescribe the manner and form of how state and local law enforcement agencies, circuit clerks and parole officers are to report the charging and conviction of violations of child abuse and neglect statutes.
4.6. Aid in the development and delivery of educational, informational and preventive programs directed to those in the child protection community, school systems, and the general public regarding their responsibilities regarding the detection and reporting of potential child abuse.
4.7. Participate in programs and projects that promote the interaction between law enforcement, county prosecutors, service providers and other involved bodies such as the West Virginia Fatality Review Team, the Child Advocacy Centers MDITs, Child Advocacy Centers, the WV Foundation for Rape Information Services (FRIS) and the West Virginia Coalition Against Domestic Violence (WVCADV).
4.8. Advance safe environments for children by effective involvement in the prosecution of persons alleged to have committed, aided, abetted and/or by way of omission the direct or potential mental, emotional, sexual and/or physical harm of a minor child.
4.9. Advise other law enforcement agencies, CPS caseworkers, prosecuting attorneys, and MDITs of the training, technical expertise and service coordination capabilities offered by the Child Protection Unit and provide such services, when requested.
4.10. The unit’s contribution to the identification, investigation and prosecution of cases of child abuse and neglect is not limited to the offenses of §§61-8D-2, 61-8D-2a, 61-8D-3, 61-8D-3a. 61-8D-4 or 61-8D-4a, but is to also extend to cases involving sexual assault, sexual abuse, sexual exploitation or physical injury of a child.
W. Va. Code R. § 81-17-5 Intent, Findings and Severability
5.1. Legislative Intent and Findings: The intent of the West Virginia State Legislature’s creation of the Child Abuse and Neglect Investigations Unit is to aid in providing an effective governmental approach to prosecuting child abuse and neglect cases by the provision of assistance to CPS, other State Police members, and other law enforcement agencies. The unit may broaden its effectiveness by the provision of training, technical expertise and coordination for other law enforcement agencies, CPS caseworkers, Prosecuting Attorneys and Multidisciplinary Investigative Teams (MDIT). The Legislature does not intend for the act to be construed to mean that the unit will assume the duties or assume management of ongoing investigations of other State Police members or other law enforcement officers.
W. Va. Code R. § 81-17-6 Composition of Child Abuse and Neglect Investigations Unit
6.1. The unit shall consist of a minimum of six State Police sworn members.
6.1.1. A Unit Director, appointed by the Superintendent, charged with the responsibility of overseeing the members and activities of the unit.
6.1.2. Five (5) Troop Coordinators, appointed by the Superintendent, charged with carrying out the unit’s responsibilities within their assigned Troop area.
6.1.3. Additional Child Abuse and Neglect Investigations Unit Investigators may be assigned to the unit and would answer directly to a Troop Coordinator.
6.2. All members are to be specifically trained for and dedicated to the assistance of county CPS caseworkers in the investigation of suspected child abuse and neglect and the coordination of these investigations with other law enforcement.
6.3. Unit Director’s Duties and Responsibilities:
6.3.1. Act as immediate supervisor for the Troop Coordinators.
6.3.2. Oversee all State Police members assigned to the unit.
6.3.3. Coordinate activities of the Unit with CPS.
6.3.4. Assist CPS in developing and refining protocols for improving identification and prosecution of suspected criminal acts of child abuse and neglect.
6.3.5. Oversee the regulation and maintenance of the statewide statistical index on child abuse and neglect convictions resulting from convictions for violations of §§61-8D-2, 61-8D-2a, 61-8D-3, 61-8D-3a. 61-8D-4 or 61-8D-4a.
6.3.5.1. Ensure that any statistical information released is of an aggregate nature and does not contain any information that may be construed to identify an individual case or persons within a case.
6.3.5.2. Oversee the provision of forms to law enforcement agencies, circuit clerks, and parole officers to facilitate submission of the appropriate information for the statistical index.
6.3.6. Submit an annual report to the Legislative Joint Committee on Government and Finance
6.3.6.1. The report is to be submitted before December 31st of every year.
6.3.6.2. The report is to contain the statistical index referred to in 6.3.5. of this Rule.
6.3.6.3. The report may include recommendations for statutory or program reforms that will assist the unit or further promote the goals of the unit.
6.3.6.4. The report shall not contain information of a specific nature that would identify individual cases or persons.
6.3.7 Actively promote the achievement of the objectives set forth in 4.1 through 4.10 of this Rule.
6.3.8. Provide the West Virginia State Police Communication Center with a list of all Troop Coordinators and Child Abuse and Neglect Investigations Unit Investigators, their respective areas of responsibility and their contact numbers. This list is to be updated with any changes of the above information.
6.3.9. Ensure that all other directives and responsibilities of the unit are fulfilled.
6.4. Troop Coordinator Duties and Responsibilities:
6.4.1. Troop Coordinators answer to their immediate supervisor, the Unit Director.
6.4.2. The Troop Coordinator’s foremost task is the timely and effective investigation of criminal allegations involving child abuse, neglect, sexual assault and sexual abuse.
6.4.3. Determine the appropriate response when contacted by the WVSP Communications Center, upon the request of a CPS caseworker.
6.4.4. Determine the appropriate response when receiving the following allegations from CPS through the CPS-State Police GroupWise Account or through other approved means:
6.4.4.1. Allegations of serious physical injury, sexual abuse and sexual assault received pursuant to §49-6A-2, Persons Mandated to Report Suspected Abuse and Neglect are to be investigated.
6.4.4.2. Credible child abuse or neglect allegations are to be investigated.
6.4.4.3. Reports of critical incidents to children resulting from abuse or neglect are to be investigated.
6.4.5. Coordination of criminal investigations, within their assigned Troop, involving the efforts of the West Virginia State Police and CPS.
6.4.6. Receiving, organizing and utilization of the information obtained from DHHR, the county prosecuting attorney’s office, MDIT and other law enforcement agencies to ensure a proper, complete and timely investigation to prevent the duplication of actions within the investigation.
6.4.7. Upon approval of the Unit Director, combine investigative efforts with other law enforcement agencies with regard to child abuse, neglect, sexual assault and abuse.
6.4.8. The Troop Coordinator is responsible for the scope, security and completeness of assigned investigations and will periodically inform the Unit Director of the investigations’ progress.
6.4.9. Contact the County Supervisors of the DHHR for the purpose of problem solving in an effort to enhance cooperation with CPS and to further promote the abilities to thoroughly investigate complaints/allegations of child abuse and neglect.
6.4.10. Participate in local programs and projects that promote the interaction between law enforcement, county prosecutors, service providers and other involved bodies such as the county MDIT, local Violence Against Women Act (VAWA) funded STOP Teams and local task forces or workgroups.
6.4.11. Act as immediate supervisor for any assigned Child Abuse and Neglect Investigations Unit Investigators.
6.4.11.1. Assign duties to, oversee and coordinate actions of Child Abuse and Neglect Investigations Unit Investigators assigned to the Coordinator’s specific Troop.
6.4.12. Actively participate in all law enforcement duties, including the investigation of criminal complaints and motor vehicle crashes, patrol of state roads and all other duties and responsibilities as legally required of, and permitted to, members of the State Police.
6.4.13. Perform all other duties assigned by the Unit Director.
6.5. Child Abuse and Neglect Investigations Unit Investigator Duties and Responsibilities:
6.5.1. The Child Abuse and Neglect Investigations Unit Investigator answers to their immediate supervisor, the Troop Coordinator.
6.5.2. The Child Abuse and Neglect Investigations Unit Investigator’s foremost task is the timely and effective investigation of criminal allegations involving child abuse, neglect, sexual assault and sexual abuse as assigned to the Investigator by the Troop Coordinator.
6.5.3. The Child Abuse and Neglect Investigations Unit Investigator is responsible for the scope, security and completeness of assigned investigations and will periodically inform the Troop Coordinator of the investigations’ progress.
6.5.4. Participate, as assigned, in local programs and projects that promote the interaction between law enforcement, county prosecutors, service providers and other involved bodies, the county MDIT, local VAWA funded STOP Teams and local task forces or workgroups.
6.5.5. Actively participate in all law enforcement duties, including the investigation of criminal complaints and motor vehicle crashes, patrol of state roads and all other duties and responsibilities as legally required of, and permitted to, members of the State Police.
6.5.6. Perform all other duties assigned by the Troop Coordinator.
W. Va. Code R. § 81-17-7 Responsibilities of CPS
7.1. With the formation of the special investigations unit within the State Police, the Legislature emphasized the need for law enforcement and CPS to work cooperatively towards a single goal of improving the welfare of the State’s children. This intent involves the sharing of vital information so to make the combined efforts timely, streamlined, and unduplicated.
7.2. Upon receipt of CPS Report for Law Enforcement (CPS-0188) form, referrals shall be made to local law enforcement, other than the State Police, and the prosecuting attorney’s office in the county where the abuse occurred for the following allegations:
7.2.1. Serious physical injury suspected to be inflicted by a caretaking adult.
7.2.2. Any sexual assault or abuse.
7.2.3. A critical incident as defined by 2.6 of this Rule.
7.3. Of the allegations listed in 7.2 of this Rule, the following require that information pertaining to these will be sent to the State Police within seven calendar (7) days;
7.3.1. Any complaints of serious physical injury, sexual abuse or sexual assault allegations received pursuant to §49-6A-2, Persons Mandated to Report Suspected Abuse and Neglect.
7.3.2. Serious physical injury suspected to be inflicted by a caretaker.
7.3.3. Any critical incident as defined by 2.6 of this Rule.
7.4. When sending records to the State Police reference the allegations stated in 7.3. of this Rule, the following information is to be included;
7.4.1. CPS Report for Law Enforcement (CPS-0188) and,
7.4.2. Any demographic information missing from the CPS-0188 and,
7.4.3. The law enforcement agency investigating the referral and,
7.4.4. County of the law enforcement agency investigating the referral and,
7.4.5. Date of referral to the investigating law enforcement agency and,
7.4.6. CPS caseworker and supervisor assigned to the referral and,
7.4.7. Contact numbers for the CPS caseworker and the supervisor assigned to the referral and,
7.4.8. If there were previous referrals on the maltreater, information on the previous referrals, including the total number of referrals, and the number of referrals pertaining to this current victim(s) and,
7.4.9. If the referral is being tracked by a MDIT in the county and,
7.4.10. If available, the contact names and numbers for all medical providers involved in this case.
7.5. The information required in 7.4. of this rule may be forwarded to the local Troop Coordinator by utilization of the CPS-State Police GroupWise Account or another approved method of electronic submission.
7.5.1. The CPS-0188 plus the additional information listed in 7.4.2. through 7.4.10. shall be sent to the Child Abuse and Neglect Investigations Unit via GroupWise email at statepolice@wvhddr.org or by another approved method.
7.5.1.1. The subject title for the e-mail must list the date, CPS Referral, and the county where the incident occurred. (ex: 02 16 2008 CPS Intake Upshur County).
7.5.1.2. To ensure that the e-mails are directed to the appropriate Child Abuse and Neglect Investigations Unit member, the county name must be included in the subject title and must be spelled correctly. This is essential as the e-mails are filtered according to the name of the county.
7.6. If a CPS caseworker receives a referral or information on a case that requires an immediate response, such as a physical injury requiring hospitalization or for a critical incident, the CPS caseworker shall disregard the 7 calendar day reporting requirement and immediately contact their local law enforcement agency.
7.6.1. The CPS caseworker shall then contact the Communications Center of the State Police, located in South Charleston, WV, telephone number 304-746-2158 and request that the Child Abuse and Neglect Investigations Unit be contacted in their behalf.
7.6.2. As the State Police may not be able to respond to all serious injury and sexual assault or abuse referrals, it is essential that the CPS caseworker notify local law enforcement of the incident.
7.7. If contacted by a law enforcement officer requiring additional information or consultation, the county supervisor will be the point of contact and will aid in the coordination of information exchange or the scheduling and set-up of interviews.
7.8. Conducting Interviews
7.8. 1. When dealing with investigations involving a referral to law enforcement, efforts shall be made to engage law enforcement in a joint investigation prior to conducting any interviews.
7.8.2. Law enforcement shall take the lead in the questioning of family members and collaterals.
7.8.3. CPS may take the lead in conducting the interview of any children, particularly child victim(s).
7.8.4. CPS must foremost keep to the mandated time deadlines for investigation and assessment.
7.8.5. Interviews shall occur in a neutral, child-friendly environment with video and sound recording capabilities, such a Child Advocacy Center, if available.
7.8.6. If law enforcement is not immediately available to assist in the interview process and time is a priority, CPS may proceed with the interview of children and the non-maltreating parent.
7.8.6.1. Ensure needed safety responses are in place before conducting the interview(s).
7.8.6.2. Immediately contact law enforcement to establish a date and time for the interview of the alleged maltreater that is within 72 hours for critical incidents and incidents of sexual abuse.
7.8.6.3. If a joint interview cannot occur within 72 hours, CPS shall continue with their initial assessment in order to assure child safety and report the content of any interview to the appropriate law enforcement agency(ies) and the prosecuting attorney.
7.8.7. When conducting courtesy interviews, the worker will adhere to CPS policy section 2.2 “Reports involving Requests from Law Enforcement”.
7.9. At the conclusion of an investigation that was referred to law enforcement, the caseworker will send a copy of the completed investigation to the investigating law enforcement agency, the State Police and the appropriate prosecuting attorney.
7.9.1. Safety assessments or safety plans are not to be included unless requested.
7.10. CPS and law enforcement that also participate in locally established MDIT meetings can continue to exchange information already established during the course of a joint investigation.
W. Va. Code R. § 81-17-8 Responsibilities of State Police Communications
8.1. The Unit Director will provide the State Police Communication Center in South Charleston with a current and accurate list of all Troop Coordinators, Child Abuse and Neglect Investigations Unit Investigators, their respective areas of responsibility and their contact numbers. The Communications Center will refer to this list when contacted by a CPS caseworker reference a case that requires an immediate response.
8.2. When contacted by a CPS caseworker concerning a case that requires an immediate response, the Communications Center staff person shall ascertain what county the incident occurred.
8.3. The Communications Center staff person shall advise the CPS worker that although they will attempt to contact a Child Abuse and Neglect Investigations Unit member, State Police may not be able to respond to all serious injury and sexual assault or abuse referrals and that it essential that the CPS caseworker notify local law enforcement of the incident.
8.4. The Communications Center staff person shall refer to the list of Child Abuse and Neglect Investigations Unit members and attempt to contact members within the county where the incident occurred, first attempting to contact the Troop Coordinator.
8.5. If unable to contact a Child Abuse and Neglect Investigations Unit member, the Communications Center staff person will periodically attempt to contact a member of the unit or a Trooper assigned to the county in which the incident occurred, until successful.
W. Va. Code R. § 81-17-9 Responsibilities of Reporting Parties in Regard to the Statistical Index
9.1. §15-2-15(f) states that every state law enforcement agency within the state shall periodically provide statistical information regarding child abuse and neglect cases investigated and prosecuted by their agency to the Child Abuse and Neglect Investigations Unit.
9.2. Forms for the collection of this information, WVSP 169, are to be provided by the West Virginia State Police to law enforcement agencies, circuit clerks and parole officers.
9.3. The forms are to be submitted to the Child Abuse and Neglect Investigations Unit on a monthly basis and received by the 10th day of the following month.
9.3.1. The forms may be mailed, faxed or scanned and electronically submitted to the email address: childprotection@wvsp.state.wv.us.
9.4. The information on the forms is to be an accurate account of current investigations or active cases regarding the crimes listed in 3.2 of this rule.
9.5. The information to be reported includes:
9.5.1. The submitting agency or detachment and,
9.5.2. The county in which the cases occurred and,
9.5.3. The month in which the investigations were initiated or a final disposition was obtained and,
9.5.4. The date submitted and,
9.5.5. The name of the accused or suspect and,
9.5.6. The code for the crime committed, listed in 3.2 of this rule which carries the severest penalties and,
9.5.7. Case or incident number assigned by the agency or detachment and,
9.5.8. If an initial or pending investigation, the total number of victims and,
9.5.9. If an initial or pending investigation, the age(s) of the victim(s) and,
9.5.10. If a final disposition was obtained, the number of counts for which the accused was indicted or arrested.
9.5.11. If a final disposition was obtained, the disposition for the case or if the case was determined to be unfounded.
9.6. If no pertinent child abuse and neglect information is available for a submitting month, the form is still to be submitted to the Child Abuse and Neglect Investigations Unit with a notation that no activity had occurred.
81CSR17
81CSR17
Series 18 West Virginia State Police Purchasing Rule
W. Va. Code R. § 81-18-1 General
1.1. Scope. -- This rule establishes the procedures for purchase of commodities and services by the West Virginia State Police (WVSP) pursuant to the WVSP’s purchasing exemption.
1.2. Authority. -- W. Va. Code §5A-3-1 and §5A-3-3.
1.3. Filing Date. -- November 3, 2023.
1.4. Effective Date. -- December 4, 2023.
1.5. Repeal and Replace. -- This rule repeals and replaces W. Va. Code R. §81-18-1, et seq., West Virginia State Police Purchasing Rule, effective November 13, 2020.
W. Va. Code R. § 81-18-2 For the Purposes of This Rule
2.1. “Assistant Director – DAS Purchasing Section” means the Assistant Director of the Division of Administrative Services Purchasing Section, or his or her designee.
2.2. “Chief Hearing Examiner” means the Chief Hearing Examiner of the Department of Homeland Security’s Office of Administrative Hearings, or his or her designee.
2.3. “Commodities” means goods and services, including supplies, materials, equipment, contractual services, and any other articles or things used by or furnished to a department, agency or institution of State Government.
2.4. “DAS - Purchasing Section” means the West Virginia Department of Homeland Security Division of Administrative Services Purchasing Section.
2.5. “Direct Award Purchase” means any contract or purchase entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements.
2.6. “Expendable Commodities” means commodities which, when used in the ordinary course of business, will become consumed or of no market value within the period of one year or less.
2.7. “Expression of Interest (EOI)” means a Best Value Procurement tool used for architectural and engineering services which is defined in W. Va. Code 5G-1, as “those professional services of an architectural or engineering nature as well as incidental services that members of those professions and those in their employ may logically or justifiably perform.
2.8. “Procurement Section” means the State Police Procurement Section.
2.9. “Purchaser” means any State Police employee with purchasing authority.
2.10. “Purchasing Division” means the West Virginia Purchasing Division under the West Virginia Department of Administration.
2.11. “Request for Proposal (RFP)” means an agency request for proposal.
2.12. “Request for Quotation (RFQ)” means an agency request for quotation.
2.13. “State Police” means the West Virginia State Police.
2.14. “Superintendent” means the Superintendent of the State Police or his or her designee.
2.15. “Working Days” means Monday through Friday, but excludes Saturday, Sunday, State Holidays and days that government offices are closed due to declaration of an emergency.
2.16. “wvOASIS” means the State’s accounting system managed by the Enterprise Resource Planning Board in conjunction with the West Virginia Department of Administration and the West Virginia State Auditor’s Office.
W. Va. Code R. § 81-18-3 Policy Training
3.1. Each State Police employee with authority to purchase commodities shall be advised of the West Virginia Purchasing Card Policies and Procedures contained on the West Virginia State Auditor's website.
3.2. The Assistant Director - DAS Purchasing Section will make annual training available to State Police employees who are involved in the purchase of commodities in addition to required Purchasing Card training. All State Police employees conducting purchasing transactions must meet all mandatory training requirements.
W. Va. Code R. § 81-18-4 Procedures
4.1. If the vendor approves, the State Police may utilize any other State or Federal contracts to make purchases when in the best interest of the State Police and/or the State of West Virginia or as one of three required bids as applicable.
4.2. Amounts spent with vendors for like purchases are viewed comprehensively. The State Police will monitor expenditures with vendors for like purchases to ensure that the total amount spent with a given vendor, within any 12-month period, does not exceed an applicable bid threshold without the proper level of documentation and bidding.
W. Va. Code R. § 81-18-5 Firm Fixed Pricing
5.1. All contracts should be entered into for a firm, fixed price per unit of commodity unless the nature of the procurement prohibits doing so. In such cases, a detailed written justification must be included in the file.
W. Va. Code R. § 81-18-6 Remedies
6.1. The Assistant Director – DAS Purchasing Section may require the State Police to attempt to resolve any issues that it may have with a vendor prior to pursuing any remedy contained herein. The State Police must document any resolution efforts and provide copies of those documents to the Assistant Director – DAS Purchasing Section.
6.2. Contract Cancellation.
6.2.1. Cancellation. The Superintendent may cancel a purchase or contract immediately under any one of the following conditions including, but not limited to:
6.2.1.a. The vendor agrees to the cancellation;
6.2.1.b. The vendor has obtained the contract by fraud, collusion, conspiracy;
6.2.1.c. The contract conflicts with any statutory or constitutional provision of the State of West Virginia;
6.2.1.d. The vendor fails to honor any contractual term or condition or to honor standard commercial practices;
6.2.1.e. The existence of an organizational conflict of interest is identified;
6.2.1.f. Funds are not appropriated or an appropriation is discontinued by the legislature for the acquisition;
6.2.1.g. Violation of any federal, state, or local law, regulation, or ordinance; or
6.2.1.h. The contract was awarded in error.
6.2.2. The Superintendent may cancel a purchase or contract for any reason or no reason, upon providing the vendor with 30 days’ notice of the cancellation.
6.2.3. Opportunity to Cure. In the event that a vendor fails to honor any contractual term or condition, or violates any provision of federal, state, or local law, regulation, or ordinance, the Superintendent may request that the vendor remedy the contract breach or legal violation within a time frame the Superintendent determines to be appropriate. If the vendor fails to remedy the contract breach or legal violation or the Superintendent determines, at his or her sole discretion, that such a request is unlikely to yield a satisfactory result, then he or she may cancel immediately without providing the vendor an opportunity to perform a remedy.
6.2.4. Re-Award. The Assistant Director – DAS Purchasing Section may award the cancelled contract to the next lowest responsible bidder (or next highest scoring bidder if best value procurement) without a subsequent solicitation if the following conditions are met:
6.2.4.a. The next lowest responsible bidder (or next highest scoring bidder if best value procurement) is able to perform at the price contained in its original bid submission, and
6.2.4.b. The contract is an open-end contract, a one-time purchase contract, or a contract for work which has not yet commenced.
6.2.4.c. Award to the next lowest responsible bidder (or next highest scoring bidder if best value procurement) will not be an option if the vendor’s failure has in any way increased or significantly changed the scope of the original contract. The vendor failing to honor contractual and legal obligations is responsible for any increase in cost the state incurs as a result of the re-award.
6.3. Non-Responsible. If the Assistant Director – DAS Purchasing Section determines that a vendor may be non-responsible, he or she may request that the vendor provide evidence that the vendor either does or does not have the capability to fully perform the contract requirements, and the integrity and reliability necessary to assure good faith performance. If the Assistant Director – DAS Purchasing Section determines that the vendor is non-responsible, he or she shall reject the vendor’s bid and shall not award the contract to the vendor. A determination of non-responsibility must be evaluated on a case-by-case basis and can only be made after the vendor in question has submitted a bid. A determination of non-responsibility will only extend to the contract for which the vendor has submitted a bid and does not operate as a bar against submitting future bids.
6.4. Damages.
6.4.1. A vendor who fails to perform as required under a contract shall be liable for actual damages and costs incurred by the State Police.
6.4.2. If any commodities delivered under a contract have been used or consumed by a spending unit and on testing the commodities are found not to comply with specifications, no payment may be approved by the State Police for the merchandise until the amount of actual damages incurred has been determined.
6.4.3. The State Police shall seek to collect damages by following the procedures established by the Office of the Attorney General for the collection of delinquent obligations.
W. Va. Code R. § 81-18-7 Registration, Advertising, Bidding and Award
7.1 Registration of Vendors:
7.1.1. Purchasing Division Registration. All vendors must register with the Purchasing Division prior to being awarded a contract, except that the following categories of vendors are exempt from this registration requirement.
7.1.1.a. Purchasing card vendors providing travel related services are not required to register with the Purchasing Division.
7.1.1.b. Purchasing card vendors receiving an aggregate total yearly payment less than $25,000.00 from a spending unit are not required to register with the Purchasing Division.
7.1.1.c. Any company or corporation, or subsidiary of the company or corporation, listed on any nationally recognized stock exchange is not required to register with the Purchasing Division.
7.1.2. Vendors shall register by submitting the vendor registration and disclosure statement provided by the Purchasing Division.
7.1.3. Purchasing Division Fee Payment. All vendors shall pay to the Purchasing Division, an annual registration fee of $125 prior to being awarded a contract, except that the following categories of vendors are exempt from this requirement.
7.1.3.a. Purchasing card vendors providing travel related services are not required to pay the registration fee.
7.1.3.b. Vendors paid only by the State purchasing card that receive aggregate total yearly payments of less than $25,000.00 from a spending unit are not required to pay the registration fee.
7.1.3.c. Vendors receiving commodity orders of $2,500 or less, from all spending units, regardless of payment method, are not required to pay the registration fee.
7.1.3.d. Vendors providing commodities under a direct award are not required to pay the registration fee for providing that commodity for which they have been designated a direct award vendor.
7.1.3.e. Any vendor can be exempted from paying the registration fee if the Assistant Director – DAS Purchasing Section determines that waiving the registration fee would be in the best interest of the State Police.
7.1.4. A vendor with multiple locations shall pay only one fee when operating under one Federal Employer Identification Number (FEIN).
7.1.5. Other Registrations, Licenses, etc. The vendor must be licensed and in good standing in accordance with all state and local laws and requirements by any state or local agency of West Virginia, including, but not limited to, the West Virginia Secretary of State’s Office, the West Virginia Tax Department, West Virginia Insurance Commission, or other state agencies or political subdivisions prior to being awarded a contract. The vendor must provide all necessary releases to obtain information necessary to verify that the vendor is licensed and in good standing with the above entities.
7.1.6. Failure to Register. The State Police is prohibited from awarding any contract to any vendor not properly registered. If a vendor is eligible to be awarded or has been awarded a contract and it is determined that the vendor has failed to comply with the requirements of Section 7.1 of this rule, the vendor will be given a period of time that the Assistant Director – DAS Purchasing Section deems sufficient to cure the failure. If after that period vendor has not cured the failure, the Assistant Director – DAS Purchasing Section may disqualify the vendor’s bid or cancel the contract.
7.2. Advertising. Solicitations that exceed $25,000 must be advertised using advertising media such as wvOasis Purchasing Bulletin, or any other media the Assistant Director – DAS Purchasing Section considers advisable.
7.3 Bidding.
7.3.1. The Procurement Section or DAS - Purchasing Section must receive bids from vendor prior to the date and time of the bid opening listed on the solicitation forms provided by the Procurement Section or DAS - Purchasing Section. The Procurement Section and/or DAS – Purchasing Section must reject bids received after the designated time and date. Each vendor is solely responsible for delivering its bid to the location designated in the solicitation documents.
7.3.2. An authorized representative of the vendor must sign all bids submitted to the State Police. A corporate or other business entity signature without an individual name is not an acceptable signature.
7.3.3. The Assistant Director – DAS Purchasing Section may allow bids by electronic transmission, to include by facsimile and email. Bids by electronic transmission must be received by the Procurement Section or DAS- Purchasing Section prior to the bid opening date and time. A bid will not be considered received until after transmission is completed. A vendor choosing to submit a bid or a written change to a bid by electronic transmission accepts full responsibility for transmission and receipt of the bid or written change to a bid. The State accepts no responsibility for the unsuccessful and/or incomplete transmission of bids or changes to bids by electronic transmission. Bids submitted via electronic transmission may not be sealed until received by the State Police. The State Police makes no guarantee of confidentiality when vendors utilize electronic transmission.
7.3.4. Copies of bids will be open for public inspection in the offices of the Procurement Section or at DAS - Purchasing Section at any time after the completion of the public bid opening. No original bid may be removed from the presence of a Procurement Section or DAS – Purchasing Section representative. The Superintendent may prescribe policies to include scanning, copying, or other methods of assuring public access. The purchasing files of the State Police are open for public inspection after the award for the solicited commodity has been made.
7.3.5. A bidder may make a change to a sealed bid before the bid opening. A bidder must submit changes in writing or by electronic transmission to the Procurement Section or DAS - Purchasing Section. To be effective, any change must be received by the Procurement Section or DAS – Purchasing Section prior to the date and time of the bid opening. Changes by electronic transmission must be made in the manner provided in Subsection 7.3.3 of this rule.
7.3.6. The Assistant Director – DAS Purchasing Section may reject a bid that a vendor declares to be erroneous after the bid opening, but otherwise appears to be responsive, if all of the following conditions exist: (1) An error was made; (2) The error materially affected the bid; (3) Rejection of the bid would not cause a hardship on the State Police other than losing an opportunity to receive commodities at a reduced cost; and (4) Enforcement of the part of the bid in error would be unconscionable. In order for the Assistant Director – DAS Purchasing Section to reject a bid under this subsection, the public file must contain documented evidence that all of the conditions set forth in this subdivision exist.
7.3.7. The Assistant Director – DAS Purchasing Section must reject a bid that is found to be non-responsive. A non-responsive bid is one that fails to conform to the solicitation in all material respects.
7.3.8. For the purpose of determining timely receipt of bids, the official time clock displayed in the offices of the Procurement Section or the DAS - Purchasing Section, as specified in the bid announcement, shall be used.
7.3.9. If there is a conflict between the extension (total) price and the unit price in the bid, the unit price prevails. The State Police reserves the right to recalculate a vendor’s extension (total) pricing.
7.3.10. Vendor must disclose any instance where the vendor’s bid fails to comply with the requirements of the solicitation, which includes but is not limited to, failure to comply with a mandatory requirement or commodities not meeting the required specifications. If changes are not stated, the Assistant Director – DAS Purchasing Section may assume that items offered meet the specifications.
7.3.11. Vendors are responsible for the accuracy of the information on and in the bid envelopes.
7.3.12. Vendors may contact the Procurement Section or DAS – Purchasing Section to obtain official bid forms.
7.3.13. All sales to the State of West Virginia are exempt from Consumer Sales Tax or Excise Tax by blanket state exemption and blanket federal exemption.
7.4. Awards.
7.4.1. Any award made by the Assistant Director – DAS Purchasing Section will be made in accordance with the law governing the type of procurement being awarded. The Assistant Director – DAS Purchasing Section may make multiple or split awards when it is in the best interest of the State Police.
7.4.2. The Assistant Director – DAS Purchasing Section may accept or reject, in whole or in part, any bid when the Assistant Director – DAS Purchasing Section feels it to be in the best interest of the State Police. If any bid is rejected, the Assistant Director – DAS Purchasing Section, or designee, shall place a written explanation in the purchase order file.
7.4.3. When tie bids are received, the Assistant Director – DAS Purchasing Section shall break the tie by: allowing the tied vendors to make a final offer, flip of a coin, draw of the cards, or any other impartial method considered prudent by the Assistant Director – DAS Purchasing Section.
7.4.4. Requirements for bonds and deposits. The Assistant Director – DAS Purchasing Section shall determine the applicability and amount of bonds or deposit required of a vendor at any time, if, it is judged that security is necessary to safeguard the State Police from undue risk. The Assistant Director – DAS Purchasing Section may require the vendor to submit a certified check, certificate of deposit, performance bond, litigation bond or any other security acceptable to the Superintendent, payable to the State of West Virginia. Neither personal checks nor company checks are acceptable. Vendors can request that bonds or other security be returned after the purpose for which the bond was provided has been fulfilled. Upon confirmation from the spending unit or other relevant party that the bond or security in question has fully served its purpose, the Assistant Director – DAS Purchasing Section may return the bond or security.
7.4.4.a. Any bonds submitted via fax should be followed by an original bond received by the Procurement Section or DAS – Purchasing Section within two (2) business days.
7.5. Specifications.
7.5.1. Specifications must be written to fully encourage competition. No person may write specifications, or attempt to influence the drafter of specifications, to limit competition or favor or disfavor a vendor. If brand or vendor names are used to adequately describe a needed commodity, the brand or vendor name must be followed by the phrase "or equal" to promote and encourage competition unless a specific brand/model must be purchased by the State Police for compatibility reasons or uniformity.
7.5.1.a. Examples of limiting competition or favoring a brand or vendor include, but are not limited to:
7.5.1.a.1. Drafting specifications to match a vendor’s description of its commodity to the exclusion of others.
7.5.1.a.2. Listing a brand name in specifications without noting that equivalent products will be considered.
7.5.1.a.3. Drafting specifications that are so restrictive that only one desired vendor can meet the requirements without adequate justification for the restrictions is prohibited unless a specific brand/model must be purchased by the State Police for compatibility reasons or uniformity.
7.5.1.b. Nothing contained in the subsection will be construed to prevent the State Police from drafting specifications with restrictions and mandatory requirements that are necessary to perform the objectives for which the commodity is purchased.
7.5.1.c. Reduced need for training, maintaining consistency in inventory, staff familiarity, and other similar objectives will not be sufficient to justify restrictions in specifications.
7.5.1.d. If the Procurement Section or DAS – Purchasing Section uses a brand or vendor name to describe a needed commodity, the Procurement Section or DAS – Purchasing Section must also list in the specifications the mandatory components of that commodity that the reference to a brand or vendor name is intended to capture.
7.5.1.d.1. A vendor’s equality with the brand or vendor name will be evaluated on the mandatory components only. If a vendor bids a commodity that is equal to the brand or vendor name regarding all identified mandatory components, the Assistant Director – DAS Purchasing Section shall not disqualify the vendor's bid due to inequality of non-mandatory components.
7.5.1.d.2. Any request by Procurement Section or DAS – Purchasing Section staff to disqualify a vendor on the grounds that the vendor has bid an unequal product must be accompanied by written justification listing the mandatory component that is unequal and explaining how the product bid is unequal.
7.5.2. The Assistant Director – DAS Purchasing Section has authority to develop standard specifications that will form the basis of State Police contracts used by the State Police.
7.6 Bid Evaluation.
7.6.1. Evaluators of bids must certify that no financial, personal, or other conflict of interest exists relating to any vendor or vendor representative that has submitted a bid. The Assistant Director - DAS Purchasing Section may develop a form that evaluators can sign for certification purposes under this subsection.
7.6.2. When a requisition is submitted to the Procurement Section or DAS – Purchasing Section for public advertisement, until an award is made, evaluators and State Police personnel are not permitted to communicate with vendors about the solicitation or any component thereof without prior approval from the Assistant Director – DAS Purchasing Section.
7.6.2.a. All communication regarding the solicitation must be directed to the Assistant Director – DAS Purchasing Section until an award has been made.
7.6.2.b. Nothing in this subsection, however, shall prevent the evaluators and State Police personnel from communicating with a vendor about existing contracts or other matters unrelated to the solicitation in question.
7.7 Deliveries. Receivers for the State Police are responsible for: (1) inspecting commodities upon delivery to ensure that purchases meet contractual requirements, and (2) maintaining records of receipt.
7.8. Change Orders.
7.8.1. Review and Approval. The Assistant Director – DAS Purchasing Section has the authority and responsibility to review change orders just as he or she has authority and responsibility for review and approval of the original contract.
7.8.2. Change Order Submission. Any change order request submitted to the Procurement Section or DAS Purchasing Section must include the vendor’s agreement in writing.
7.8.3. The Assistant Director – DAS Purchasing Section may ask for and the State Police must provide, any documentation or further explanation that the Assistant Director – DAS Purchasing Section deems necessary to aid in reviewing a change order request.
7.8.4. A contract change order is required whenever the change affects the payment provision, time for completion of the work and/or the scope of the work.
7.8.5. Changes to the original purchase order must be sequentially numbered in the appropriate space. The explanation of change to an existing contract must be described with sufficient detail and clarity that any individual could review and generally understand the contract and change.
7.8.6. Any change to existing contracts that adds work or changes contract cost, and were not included in the original contract, must be approved by the Superintendent.
7.8.7. A Change Order is required for all contract renewals or extensions.
7.8.8. Rejection. If the Superintendent reviews the change order and determines that it has not been properly justified; fails to include necessary documentation; is or could be construed as an attempt to circumvent the bidding process; or is otherwise unfit to be approved; the Superintendent shall reject the change order.
7.8.9. Attorney General. Change orders must be approved by the Attorney General’s office, as to form, just as the original contract must be approved as to form by that office.
7.8.10. Timing of Work.
7.8.10.a. The State Police must not permit vendors to perform work that the State Police anticipates will be added to a contract through a change order until such time as the change order has been:
7.8.10.a.1. Formally approved by the Procurement Section or DAS – Purchasing Section and the Attorney General’s office.
7.8.10.a.2. Encumbered by the Procurement Section or DAS – Purchasing Section.
7.8.10.a.3. Mailed to the vendor.
7.8.10.b. This subsection related to timing of work does not apply to government construction contracts executed pursuant to W.Va. Code §5-22-1 et seq.
W. Va. Code R. § 81-18-8 Non-Emergency Purchasing up to $10,000.00
8.1. For any purchase up to and including $10,000.00, of a non-emergent nature, competitive bids are not required. Required documentation includes, but is not limited to, signed and completed purchase requisition, invoice or receipt, receiving report or packing slip, a copy of the contract front sheet showing item numbers and pricing page(s), if applicable.
W. Va. Code R. § 81-18-9 Non-Emergency Purchasing $10,000.01 to $50,000.00
9.1. For non-emergency purchases between $10,000.01 and $30,000.00, a minimum of three verbal or written bids are required, when possible, and the lowest bid meeting specifications must be awarded the purchase order/contract unless there are extenuating circumstances. A price from an internet site may be considered a bid, as long as it includes all relevant costs, including shipping and any other fee associated with the product. All bids must be documented and present in the file. A “no bid” is not considered a bid. Required documentation includes, but is not limited to, signed and completed purchase requisition, invoice or receipt, receiving report or packing slip, a copy of the contract front sheet showing item numbers and pricing page(s), if applicable.
9.2. For non-emergency purchases between $30,000.01 up to and including $50,000.00, a minimum of three signed written bids are required, when possible, and the lowest bid meeting specifications should be awarded the purchase order/contract unless there are extenuating circumstances. Required documentation includes Agency terms and conditions, WV-96 (if vendor terms and conditions are involved), Purchasing Affidavit, Non-Conflict of Interest form, vendor verification in VCUST, and a copy of the contract front sheet showing item numbers and pricing page(s), if applicable.
W. Va. Code R. § 81-18-10 Purchasing over $50,000.00
10.1. For non-emergency purchases over $50,000.00, the State Police will transact and work directly with the DAS - Purchasing Section. Purchases of this type will be accomplished using Requests for Quotation (“RFQ”), Requests for Proposals (“RFP”), Expressions of Interest (“EOI”) or Direct Award solicitations.
W. Va. Code R. § 81-18-11 Purchasing Methods
11.1 Direct Award:
11.1.1. A direct award is a procurement method that provides a contract to a vendor without competitive bidding. Solicitation and competition are preferred, but direct awards may be made if all of the following circumstances exist:
11.1.1.a. Written justification documenting that the direct award is in the best interest of the State Police;
11.1.1.b. When there is no other source or that no other source would be willing or able to replace the existing source without a detrimental effect on the spending unit; and
11.1.1.c. No other vendor expresses an interest in providing the commodity in question.
11.1.2. Direct Award of $50,000.00 or less:
11.1.2.a. The process outlined below for a direct award at the delegated level.
11.1.2.b. $0 to $10,000.00: No documentation required but competition is always encouraged.
11.1.2.c. $10,000.01 to $50,000.00: Assistant Director - DAS Purchasing Section must approve or disapprove the transaction. (An email will meet this requirement.)
11.1.2.d. All documentation must be maintained in the purchasing file, including its justification to make the award and any documentation awarding the purchase shall also be maintained in the purchasing file.
11.1.3. Direct Award Exceeding $50,000.00:
11.1.3.a. Direct Award purchases exceeding $50,000.00 shall be in accordance with subsection 10.1 above.
11.2. Emergency Purchases:
11.2.1. Unless made pursuant to a separate procedural rule of the State Police or a separate section of West Virginia Code, emergency purchases can only be made upon reasonable and sufficient grounds that some unforeseen or unexpected circumstance has suddenly created a situation requiring that commodities be purchased. A record of competitive bids must be maintained in the file if applicable. Emergency purchases are not to be utilized for hardships resulting from neglect, poor planning, or lack of organization by the State Police.
11.2.2. An emergency purchase can only be made if the Superintendent or Assistant Director - DAS Purchasing Section, exercising sound judgment and discretion, concludes in good faith and upon reasonable and sufficient grounds that some unforeseen or unexpected circumstance has suddenly created a situation requiring the immediate purchase of commodities. A request for an emergency purchase must be made to the Procurement Section or the Assistant Director - DAS Purchasing Section, which at a minimum shall describe the situation and cause, necessitating the emergency purchase.
11.2.3. Declared State of Emergencies by Governor: In accordance with West Virginia Code §15-5-6, the governor has the authority to suspend certain laws, rules and/or regulations regarding the acquisition of commodities and services by public organizations in the event the governor declares an emergency. When emergency needs relate directly to the declared state of emergency, these procedures are available and outlined on the Purchasing Division’s website at http://www.state.wv.us/admin/purchase/EmergencyProcs2.html.
11.3 Request for Quotation:
11.3.1. Requests for Quotations (RFQ) should be used to acquire most tangible property (i.e. equipment, supplies, etc.) and most services. The RFQ is required for most State Police delegated purchases between $30,000.01 and $50,000.00. Exceptions to this requirement may be granted by the Assistant Director - DAS Purchasing Section. Such exceptions may include Direct Award purchases, emergency purchases and any other exceptions that the Assistant Director - DAS Purchasing Section deems in the best interest of the State.
11.3.2. Solicitation of Bids: To achieve the goal of competitive bidding, a minimum of three bids are required, when possible. For State Police delegated purchasing (procurements of $50,000 or less), care must be taken to solicit vendors capable of providing the necessary commodities. If wvOasis is utilized to advertise solicitations, three bids are not necessary.
11.4. Requests for Proposals:
11.4.1. Requests for Proposals (RFPs) are a procurement method that can be utilized when the method of achieving an objective is not well known, making the development of mandatory requirements difficult. Using this method, the lowest price is not the sole determining factor. The RFP method is typically longer than other procurement methods and requires significant agency personnel time and resources to complete.
11.4.2. Limitations:
11.4.2.a. RFPs are generally limited to procurements with an estimated value of $100,000 or more, but the Assistant Director – DAS Purchasing Section may elect to utilize the RFP method for smaller procurements.
11.4.3. Approval Request:
11.4.3.a. The State Police must have authorization from the Superintendent prior to requesting the DAS Purchasing Section to utilize the RFP procurement method. This request should include justification to show that the RFP is in the best interest of the State Police.
11.4.3.b. The justification should include a description of the commodity being sought, an explanation of why the RFQ procurement method is not appropriate, any prior solicitation that has been utilized to procure the commodity in the past, the expected cost of the project, and any other pertinent information that the Superintendent deems appropriate.
11.4.4. An RFP must contain provisions for a two-part evaluation, the first part being technical aspects of the proposal and the second part being cost to the State Police.
11.4.4.a. The two components must then be evaluated based upon the criteria contained in the RFP, scored, and combined to form a total score.
11.4.4.b. The highest scoring vendor will be awarded the contract. No proposal may be evaluated using any criteria other than the criteria specified in the RFP.
11.5. Trade-Ins:
11.5.1. The State Police has the ability to trade in used equipment to offset the purchase cost of new equipment. The trade-in process is not delegated to the Purchaser, so any trade-in will be processed through the Procurement Section or the DAS - Purchasing Section regardless of dollar amount.
11.6. Expressions of Interest:
11.6.1. Pursuant to West Virginia Code § 5G-1-1, agencies must utilize the Expression of Interest (EOI) procurement method to solicit architectural and engineering services for projects estimated to exceed $250,000. For purposes of determining the $250,000 threshold, the project cost is calculated by combining the construction cost and associated architectural and engineering fees.
11.6.2. All EOIs exceeding $250,000 must be submitted using the EOI Standard Format for processing as a central procurement. The EOI will then be advertised within wvOASIS and as a Class II legal ad as required by West Virginia Code.
W. Va. Code R. § 81-18-12 Vendor Compliance
12.1. Prior to an award, a vendor must comply with the following requirements, and, if applicable, documentation verifying compliance shall be retained in the file:
12.1.1. Purchasing Division Registration as set forth in Subection 7.1 of this rule.
12.1.2. Workers’ Compensation/Unemployment: In accordance with West Virginia Code §21A-2-6, verification of current unemployment fee status and Workers’ Compensation coverage is required to ensure the vendor is not in default with Workers’ Compensation and Employment Compensation. wvOASIS automatically verifies compliance prior to award.
12.1.3. Federal Debarment: Verification that the vendor is not debarred by the federal government. wvOASIS automatically verifies this federal compliance prior to award.
12.1.4. State Debarment: Verification that the vendor is not debarred by the State of West Virginia. The Purchasing Division maintains a list of vendors debarred by the state of West Virginia, which may be accessed at www.state.wv.us/admin/purchase/debar.html. This must be verified for compliance prior to award.
12.1.5. Secretary of State: Unless a waiver is obtained from the Secretary of State’s office, every in-state vendor must have a certificate of authority and be in good standing with Secretary of State’s office. Out of State Vendors only need to register with the Secretary of State under certain conditions. To search for a business or corporation with the Secretary of State’s office, visit http://apps.sos.wv.gov/business/corporations. Any vendor that cannot be found or shows a status of “revoked” or “dissolved” is not eligible for award until the issue is resolved. Agencies must verify this compliance manually prior to award and include a copy of the relevant records on the contract purchasing file.
12.1.6. Other: In accordance with the W. Va. Code St. R. §148-1-6.1.5, the vendor must be licensed and in good standing with all state and local laws and complete a Purchasing Affidavit, and an Agreement Addendum (WV-96), as applicable.
W. Va. Code R. § 81-18-13 Tie Bids
13.1. When purchasing commodities, occasionally two or more bids of equal terms and amount are received in response to a solicitation, thus, resulting in a tie bid. If multiple awards are not made, the tie bid(s) must be resolved. When tie bids are received, the Assistant Director - DAS Purchasing Section shall break the tie by allowing the tied vendors to make a best and final offer, flip of a coin, draw of the cards, or any other impartial method considered prudent by the Assistant Director - DAS Purchasing Section. The means selected to break the tie is determination made at the sole discretion of the Assistant Director- DAS Purchasing Section and is not subject to appeal or protest.
13.2. A non-interested party witness must be present when resolving the tie. Documentation of the method and results, with signatures of all witnesses, must also be included in the file. Vendors affected by the tie shall be notified and given an opportunity to attend the tie breaker.
W. Va. Code R. § 81-18-14 Multiple Awards
14.1. The State Police may elect to award a contract to more than one vendor when the Assistant Director – DAS Purchasing Section determines such action would be in the best interest of the State Police. In arriving at a determination, the Assistant Director - DAS Purchasing Section shall consider the following factors, insofar as they are applicable:
14.1.1. The quality, availability, and reliability of the commodities and their adaptability to the particular use required;
14.1.2. The ability, capacity, and skill of the bidder;
14.1.3. The sufficiency of the bidder’s financial resources;
14.1.4. The bidder’s ability to provide maintenance, repair parts, and service;
14.1.5. The compatibility with existing equipment;
14.1.6. The need for flexibility in evaluating new products on a large scale before becoming contractually committed for all use; and
14.1.7. Any other relevant factors.
14.2. A written explanation shall be included in the public file in situations where a multiple award is deemed necessary. The Assistant Director – DAS Purchasing Section decision regarding multiple awards shall be final in all cases.
W. Va. Code R. § 81-18-15 Addenda
15.1. During the bid process, it may be necessary to for the Procurement Section or DAS Purchasing Section to alter bidding documents. To facilitate a change to a solicitation after issuance for bid in wvOASIS, a formal written addendum is required.
15.2. A formal addendum is necessary to add, delete, or change specifications or attachments; provide a copy of the pre-bid attendee list; answer technical questions, requests for clarification or requests for product substitutions (on construction projects); extend or alter bid schedule dates/times; or any other such change to the issued bidding documents.
15.3. The following should also be included where applicable:
15.3.1. Specification changes, additions, or noted deletions;
15.3.2. Pre-bid attendee list;
15.3.3. An attachment listing each technical question with a corresponding answer; and
15.3.4. Revised or added sketches, drawings, and/or charts.
15.4. The addendum will be provided by publication to all vendors in the same manner as the original solicitation.
15.5. Addenda should be provided to prospective bidders, seven calendar days prior to the scheduled bid opening date. For complex transactions, such as construction bids, Requests for Proposals, or complex Requests for Quotation, it should be provided within 14 calendar days prior to the scheduled bid opening to allow bidders ample time to prepare and submit bid responses.
15.6. The Procurement Section or DAS Purchasing Section may, at its discretion, extend the bid opening date if it deems it to be in the best interest of the State Police.
W. Va. Code R. § 81-18-16 Necessary documents for all purchases where a contract is involved
16.1. Purchasing Affidavit.
16.2. Agency Terms and Conditions.
16.3. Agreement Addendum (WV-96) (required when vendors submit alternate terms and condition with their bid).
16.4. Drug Free Affidavit (for certain construction projects).
16.5. Certification of Non-Conflict Form.
16.7. Interested Party Disclosure Form: W. Va. Code §6D-1-2 requires that for contracts with an actual or estimated value of at least $1,000,000.00, the vendor must submit to the Procurement Section or DAS Purchasing Section a disclosure of interested parties to the contract, prior to contract award. Additionally, the vendor must submit to the Procurement Section or DAS Purchasing Section a supplemental disclosure within 30 days of contract completion or termination.
16.7.1. The disclosures must occur on the form prescribed and approved by the West Virginia Ethics Commission. To access this form, visit the West Virginia State Purchasing Division’s intranet at http://www.state.wv.us/admin/purchase/forms.html.
W. Va. Code R. § 81-18-17 Negotiation When All Bids Exceed Available Funds
17.1. If all bids meeting requirements exceed the budgeted amount, the State Police may negotiate a lower price within budget with the lowest bidder. If the negotiation does not lead to the budget amount being met, the DAS - Purchasing Section may negotiate a lower price with the next lowest bidder and continue negotiations with participating bidders after negotiation closes with the preceding bidder.
17.2. Discussion and Final Offers:
17.2.1. As provided in the bid solicitation, the Assistant Director - DAS Purchasing Section may conduct discussions to obtain best and final offers from bidders to assure full understanding of solicitation requirements. If the Assistant Director - DAS Purchasing Section determines that a best and final offer is necessary from one vendor, all vendors shall be afforded the opportunity to provide best and final offers. All best and final offers shall be treated like a formal bid, except that advertising is not required. All bidders shall provide their best and final offers to the Assistant Director – DAS Purchasing Section prior to the date and time specified.
17.2.2. Government construction contracts, supplies, and materials are exempt from this negotiation method.
W. Va. Code R. § 81-18-18 Pre-Bid Conferences
18.1. Regardless of the procurement method used, the Procurement Section or DAS Purchasing Section shall consider conducting pre-bid conferences on high dollar, complex acquisitions early in the bid process to provide an opportunity to explain and clarify critical aspects of the solicitation, eliminate misunderstandings, and encourage vendor participation.
18.2. The Assistant Director DAS - Purchasing Section, who is trained in and knowledgeable of the procurement process, should attend all pre-bid conferences.
18.3. Vendor attendance at conferences may be optional or mandatory, as described in the bid document. If mandatory attendance is required, only bids or proposals from those vendors represented at the conference will be accepted. If participating vendors sign the official “sign-in sheet” while the meeting is in progress, then the vendors will be treated as if they were present for the entire conference and will be deemed to have the knowledge that they would have had if attending the entire conference. Teleconference attendance is prohibited unless specified in the bid document.
18.4. “Sign-in sheets” for mandatory pre-bid conferences should contain the following: name of company, person attending (signature and printed name), address, telephone number, and facsimile number. If the pre-bid conference is held by teleconference, a report generated from the teleconference service that details attendance will be an acceptable sign in sheet.
18.5. The header information on the sheets should include the requisition number and the date and time of the pre-bid conference. The original sheet must be filed in the bid file maintained at either the Procurement Section or DAS Purchasing Section. No one individual may represent more than one vendor.
W. Va. Code R. § 81-18-19 Architectural and Engineering Projects
19.1. Architectural and engineering services must be procured in accordance with West Virginia Code §5G-1-1 et seq. These procurements are unique in a number of respects, most notably that cost is not submitted in the vendor’s response and that the normal delegated limits previously discussed do not apply. West Virginia Code §5G-1-1 et seq. creates a distinction between procurements on projects of $250,000.00 or less and those that exceed $250,000.00. In both cases, however, the final contract must be processed by the DAS - Purchasing Section.
W. Va. Code R. § 81-18-20 Changes and Cancellations
20.1. All contracts must contain a term that the State may cancel a Contract immediately if the legislature does not provide adequate funding for the contract.
20.2. All contracts shall contain a term stating that the State Police may cancel a contract upon the issuance of a 30 day notice of cancellation, for any or no reason.
20.3. Administrative changes to contracts may be made after the fact with subsequent approval by the Assistant Director – DAS Purchasing Section. However, it is preferred that such changes be made in advance, whenever possible. Examples of administrative changes include:
20.3.1. Changing a vendor name;
20.3.2. Changing a vendor’s address;
20.3.3. Correction of a clerical mistake made by the state;
20.3.4. Contract closeout where the quantity required was originally unknown or estimated, unit prices were included in the original contract, unit prices are not modified as part of the change order, and the quantity required was less than originally anticipated;
20.3.5. Inclusion of the Notice to Proceed documentation, if applicable; and
20.3.6. Any other administrative change not included may be approved by the Assistant Director – DAS Purchasing Section on a case-by-case basis.
W. Va. Code R. § 81-18-21 Lease Purchases
21.1. A lease purchase contract is a contract that includes periodic lease payments, and in some cases a final lump sum payment, with ownership of the equipment being vested in the State Police immediately or at the lease term expiration. The minimum purchase cost to consider a lease-purchase as an option is $500,000.00 unless the Superintendent grants an exception to this minimum amount. A letter of justification must be prepared, signed by the Purchaser and submitted to the Procurement Section or the DAS - Purchasing Section prior to any attempt to enter into a Lease Purchase.
W. Va. Code R. § 81-18-22 Purchase of Goods from Correctional Industries
22.1. All articles or products which are produced or manufactured by Correctional Industries must be purchased from Correctional Industries in accordance with W. Va. Code §25-7-5.
22.1.1. Correctional Industries may grant an exemption to this requirement as per W. Va. Code §25-7-6 when a correctional industries article or product does not meet the reasonable requirements of the State Police, or when the requisition cannot be fulfilled because of insufficient supply or other reason.
22.2. Purchases of Correctional Industries’ articles or products by the State Police shall be made on requisition.
W. Va. Code R. § 81-18-23 Purchases Made with Grant Funds
23.1. If a grant or a portion of a grant awarded to the state does not require the procurement of commodities and the State Police uses all or a portion of the grant for the procurement of commodities that will not directly benefit the State Police, the procurement is exempt from the competitive bidding requirements.
23.2. In accordance with W. Va. Code §5A-3-11(i):
23.2.1. A grant awarded by the state is exempt from the competitive bidding requirements unless the grant is used to procure commodities that directly benefit the State Police.
23.2.2. If a grant awarded to the state requires the procurement of commodities that will directly benefit the State Police, the procurement is not exempt from the competitive bidding requirements.
23.2.3. If a grant awarded to the state requires the state to transfer some or all the grant to an individual, entity, or vendor as a subgrant to accomplish a particular purpose and no contract for commodities directly benefitting the State Police will result, the subgrant is not subject to the competitive bidding requirements.
W. Va. Code R. § 81-18-24 Information Technology Equipment, Services, and Software
24.1. W. Va. Code §5A-6-1 et seq., provides that the Chief Technology Officer (CTO) may evaluate and make recommendations on the design and suitability of Information Technology (IT) equipment and related services, and may review and make recommendations on the purchase, lease, or acquisition of information equipment, and contracts for related services, including temporary IT staffing by all state spending units.
24.2. Please reference West Virginia Office of Technology CTO Policy # CTO-19-001 for guidance, which can be found at https://technology.wv.gov/security/Pages/policies-issued-by-the-cto.aspx.
W. Va. Code R. § 81-18-25 Quality Assurance
25.1. The State Police establishes the quality level by the specifications, and the Procurement Section or DAS Purchasing Section seeks to reduce cost and maintain quality through the competitive bid process. The Procurement Section or DAS Purchasing Section will perform an evaluation of the offers by bidders to obtain maximum benefit for the tax dollars spent. The vendor’s responsibility is to provide the quality level established by the specifications and accepted by the State Police.
25.2. Proper Acquisition Planning:
25.2.1. The Purchaser’s first step is to determine the commodity that is needed, the quantity, the quality level, delivery location, and time frame. The Purchaser must also conduct adequate market research to allow for preparation of specifications.
25.3. Develop and Submit Solicitation:
25.3.1. The Purchaser is responsible for assisting the Procurement Section or DAS Purchasing Section with preparing the specifications and other solicitation documents that are necessary for the appropriate procurement process.
25.4. Review Bids/Documents and Make Award Recommendation:
25.4.1. After bids are opened (or documents are obtained in the case of a direct award) the Purchaser is responsible for reviewing the bids/documents to assist the Procurement Section or DAS Purchasing Section in determining the appropriate vendor for contract award. The Procurement Section will consult with the DAS - Purchasing Section before making an award recommendation.
25.5. Receiving:
25.5.1. Receivers must verify the shipment of commodities with the specifications in the purchase order while reporting of any discrepancies, obvious damages or shortages based upon the purchase order specifications.
25.6. Inventory:
25.6.1. Once payment has been made to the vendor and the shell document established, reportable property must be added to the wvOASIS Fixed Assets System.
25.7. Vendor Responsibilities:
25.7.1. Each vendor is solely responsible for delivering a bid to the Procurement Section or to DAS - Purchasing Section, whichever is specified in the bid announcement, by the specified date and time of the bid opening. The official time clock of the Procurement Section or the DAS - Purchasing Section for the purpose of receipt of bids, shall be the time clock as displayed in the offices of the State Police or the DAS - Purchasing Section, whichever is specified in the bid announcement. Vendor is solely responsible for the accuracy of the information on and in the sealed bid envelopes.
25.8. Compliance with Specifications:
25.8.1. Successful vendors are required to meet or exceed the quality level accepted and specified on the final purchase order in addition to meeting delivery requirements.
25.9. Follow-Up with Suppliers:
25.9.1. To ensure delivery deadlines are met, the vendor should communicate and coordinate with its suppliers to fulfill delivery obligations.
25.10. Dispute Resolution:
25.10.1. The vendor is required to negotiate in good faith with the State Police should a dispute arise.
25.11. Damages:
25.11.1. The State Police may require a liquidated damages provision for some contracts. The term liquidated damages refers to a specified contract provision which entitles the State Police to demand a set monetary amount determined to be a fair and equitable repayment for loss of service due to a vendor's failure to meet specific completion or due dates.
25.11.2. A vendor may be liable for any damages available under the law, regardless of specific damages sections in a bid document, or purchase order.
W. Va. Code R. § 81-18-26 Impossible to Bid List
26.1. Competitive Bidding Not Required:
26.1.1. Purchaser may purchase the commodities on the list directly from the vendor and are not required to have contracts for the purchase of those items approved by the State Police unless otherwise noted or listed on the West Virginia Purchasing Division’s Impossible to Bid List with the applicable item.
26.2. Documentation Requirements:
26.2.1. Even though competitive bidding and State Police approval are not required for most Impossible to Bid List procurements, the spending unit must continue to follow documentation requirements associated with the applicable spend threshold, unless otherwise noted below with each item.
26.2.1.a. For example, all vendors must complete vendor registration with the State Police, Secretary of State Registration, and the Purchasing Affidavit. Additionally, compliance checks such as vendor debarment, workers’ compensation, etc., must be completed prior to completing the transaction.
26.3. Registration Fee Waiver:
26.3.1. The vendor registration fee of $125 for all vendors providing commodities under this Impossible to Bid List is waived if it is in the best interest of the State Police.
26.3.1.a. This waiver only applies to transactions conducted under this Impossible to Bid List.
26.3.1.b. If the vendor in question also obtains contracts through competitive bidding, direct award, or some other method, fee payment will be required.
26.4. The following items comprise the Impossible to Bid List of commodities that may be purchased directly by Purchasers without advertisement or bid:
26.4.1. Advertising:
26.4.1.a. Any advertisement placed directly with newspapers, trade magazines, internet publications, social media or billboards;
26.4.1.b. Broadcast television and radio advertisements and creative services or marketing services to create such advertisements placed directly with the broadcaster or publisher; or
26.4.1.c. Participation fees for trade shows, conferences, or conventions.
26.4.2. Artwork and Historical Items:
26.4.2.a. This applies to the purchase of and service to artwork and historical items, i.e. restoring governors’ portraits, refurbishing chandeliers, etc.
26.4.2.a.1. Purchasers attempting to procure commodities under this item must obtain written approval from the Procurement Section or the DAS - Purchasing Section prior to making any purchase.
26.4.3. Attorneys and Law Firms:
26.4.3.a. Hiring attorneys and law firms in an official attorney-client capacity.
26.4.3.b. Nothing in this item eliminates the approval or oversight residing within the Attorney General’s office.
26.4.4. Aviation Fuel:
26.4.4.a. The purchase of aviation fuel but excludes bulk purchases for delivery to state dispensing stations.
26.4.5. Governmental Agencies (Only includes):
26.4.5.a. Contracts between governmental agencies and spending units when a state or federal law requires the commodity be obtained from the governmental agency (any contract or purchase order issued must cite the law and maintain a copy on file); and
26.4.5.b. Regulatory fees legally imposed by government agencies.
26.4.5.b.1. Governmental entities are not required to register with the Secretary of State’s Office, so the compliance check is not required.
26.4.5.b.2. If the governmental entity is a West Virginia state agency, then the Purchasing Affidavit is not required.
26.4.6. Entertainers:
26.4.6.a. This includes individuals and/or groups contracted at the request of the State Police to entertain or to assist in the production of entertainment.
26.4.7. Hospitality:
26.4.7.a. This includes expenses for food, beverages, facility rental, and entertainment relating to conducting State Police business.
26.4.8. Media License Fees:
26.4.8.a. This includes program license fees for radio or television.
26.4.9. Medical Fees:
26.4.9.a. Medical services (behavioral and physical) from individual doctors, dentists, clinics, hospitals, laboratory testing facilities, audiologists, county medical examiners, physical and occupational therapists, behavioral counseling and evaluations, etc. for individual patients, inmates, students and clients where the State Police is responsible for payment for this one-time service; or
26.4.9.b. Programs designed for low income / uninsured patient care on an individual basis provided that the program is open to all service providers.
26.4.9.c. Body transportation for corpses and indigent burial expenses and direct award medical and psychological consultants for the purpose of determining Federal Social Security Administration Disability by the Disability Determination Services of the WV Division of Rehabilitation Services.
26.4.9.d. Medical fees for the purposes of determining vocational rehabilitation needs of clients of the Division of Rehabilitation Services.
26.4.9.e. This does not include inmate health care management, hospital management, consulting services or agreements to provide services for groups of patients, inmates, students or clients, etc. for state agencies.
26.4.10. Postage:
26.4.10.a. Stamps and other non-competitive mailing services from the United States Postal Service, not to include services available from statewide contracts or postage machines from third parties.
26.4.10.a.1. The Purchasing Affidavit and Secretary of State registration are not required for transactions processed under this item.
26.4.11. Professional Association Dues:
26.4.11.a. Membership fees or association dues for professional associations that perform a licensing, certification or accreditation function for state employees or agencies (i.e., West Virginia State Bar, West Virginia Board of Accountancy, etc.).
26.4.12. Railroad Car Hire Fees:
26.4.12.a. National association fees required from all railroads to monitor the location and use of railroad cars for the owners.
26.4.13. Investigative Services; Subject Matter Experts, and Witnesses for Administrative Hearing and Legal Proceedings:
26.4.13.a. Obtaining investigative services and the services of a subject matter expert or witness that is intended to help prepare for, or will be utilized in, administrative or legal hearings/proceedings.
26.4.13.b. This does not include agency consulting services or services rendered by former employees retained by their agency or hired by another agency.
26.4.14. Subscriptions and publications:
26.4.14.a. This includes newspapers, textbooks, and publications (electronic and hard copy) purchased directly from the publisher.
26.4.15. Training Activities:
26.4.15.a. This includes lecturers, honorariums, copyrighted test and training materials, test monitors/examination proctors, and registration fees.
26.4.16. Utilities Regulated by the Public Service Commission:
26.4.16.a. This includes natural gas, water, sewage, electric, telephone, garbage, cable television service, connection fees, trash hauling, and dumpster rental (if there is only one PSC approved hauler is in the area).
26.4.16.b. This does not include propane gas, coal, and satellite television, all of which must be competitively bid.
26.4.17. Court Ordered Payments:
26.4.17.a. This includes court order payment. A copy of the court order must be maintained in the agency file, unless sealed and restricted by the respective judge. If the order is sealed and restricted, an explanation must be maintained in the agency file referencing the court order. Court ordered payments are exempt from all documentation requirements listed above but spending units should comply with those requirements where possible.
26.4.18. Emergency Services (Non-Construction and Non-Architectural/Engineering “A/E”):
26.4.18.a. This includes non-construction and non-A/E services that must be procured on an emergency basis when:
26.4.18.a.1. Formal bidding would cause the government to lose the ability to perform some critical function for itself or residents of the State of West Virginia; or
26.4.18.a.2. Formal bidding would delay a response to a declared state of emergency.
26.4.18.a.3. Any use of this item must be approved by the Superintendent in advance.
26.4.19. Vaccines:
26.4.19.a. This item includes vaccines purchased through contracts issued by the Centers for Disease Control (CDC).
26.4.20. Transcripts from Court Reporters Employed by Court, Judge, or Opposing Counsel:
26.4.20.a. This includes transcripts procured from court reporters who are employed by the court, judge, or opposing counsel.
26.4.20.b. These transactions are exempted from all documentation requirements listed above but spending units should comply with those requirements where possible.
26.4.21. Copies of Government Documents/Records Obtained from the Government:
26.4.21.a. This includes fees paid to the government entity required to obtain records of court and administrative proceedings as well as documents filed in those proceedings, and charges paid to a government entity for other official documents or records obtained from that government entity.
26.4.21.b. Examples of allowable transactions include but are not limited to; fees associated with obtaining documents from the federal court’s PACER system, similar fees charged by county or local courts for records, fees required to obtain official copies of real estate records from the County Clerk’s Office, and FOIA fees.
26.4.22. Commodities for a shared facility arrangement with the U.S. Government:
26.4.22.a. Effective July 1, 2018, commodities contracted by the U.S. Government and provided to the State Police when those commodities are:
26.4.22.a.1. Offered as part of a shared facility arrangement; or
26.4.22.a.2. Those commodities for the State Police cannot be easily separated from those for the U.S. Government.
26.4.22.b. The Purchasing Affidavit and Secretary of State registration are not required for transactions processed under this item.
26.4.23. Automobiles:
26.4.23.a. Effective July 1, 2022, this item includes cars, trucks and SUVs, unless readily available on a state contract, and one of the following conditions are met:
26.4.23.a.1. The automobile class is not available on the statewide contract or is on the statewide contract but cannot be utilized due to manufacturer inability or unwillingness to accept new orders; or,
26.4.23.a.2. The purchase of the automobile from the statewide contract would result in receiving a current model year automobile in a future model year.
27.4.24. Laboratory Purchases:
27.4.24.a. This includes laboratory equipment, calibration of said equipment, laboratory supplies and services, and software related to the State Police Forensic Laboratory and Digital Forensic Laboratory.
27.4.25. Automotive Parts and Supplies:
27.4.25.a. This includes all automotive parts, supplies and services necessary to provide preventative and corrective maintenance and repairs to the State Police fleet vehicles.
W. Va. Code R. § 81-18-27 Protests
27.1. All protests must be submitted in writing to the Superintendent and the Chief Hearing Examiner and contain all of the following information:
27.1.1. The name and address of the protestor;
27.1.2. The requisition, solicitation, purchase order or contract numbers;
27.1.3. A statement of the grounds of protest;
27.1.4. Supporting documentation, if necessary; and
27.1.5. The resolution or relief sought.
27.1.6. Failure to submit this information shall be grounds for rejection of the protest by the Chief Hearing Examiner or his or her designee.
27.2. The Superintendent, upon receipt of a protest, shall forward the protest, along will all documentation regarding the purchase or award, to the Chief Hearing Examiner or his or her designee.
27.3. Timeframe for Submission of Protest:
27.3.1. Protests based on bid specifications must be submitted no later than five working days prior to bid opening.
27.3.2. Protest of a purchase order or contract award must be submitted no later than five working days after the award.
27.3.3. The vendor is responsible for knowing the bid opening and award dates. Protests received after these dates may be rejected at the option of the Chief Hearing Examiner or his or her designee.
27.3.4. Continuation or delay of a purchase order or contract award is at the discretion of the Superintendent.
27.3.5. Master Contract and Direct Award Protests:
27.3.6. Any vendor desiring to protest the specifications of a master contract, or the direct award process may do so prior to five working days before the master contract opening date and five business days before the direct ordering process opening date.
27.3.7. Any vendor desiring to protest the award of a master contract or direct order may do so within five working days of the master contract award and within five business days of the direct order award.
27.3.8. Responsibility for delivery of the protest to the Superintendent shall remain with the protesting vendor. The Procurement Section or DAS Purchasing Section’s failure to deliver the protest to the Superintendent shall not be grounds for extending the time for receipt of protests.
27.4. Protest Review:
27.4.1. The Chief Hearing Examiner, or his or her designee, upon receipt of a protest, shall:
27.4.1.a. Set the protest for hearing within 10 business days of receipt of protest;
27.4.1.b. If not rejected as set forth in this section, review the matter of protest, and issue a written decision.
27.4.2. The Chief Hearing Examiner, or his or her designee, may refuse to review any protests when the matter involved is the subject of litigation before a court of competent jurisdiction; if the merits have previously been decided by a court of competent jurisdiction; or if the matter has been decided in a previous protest to the Procurement Section or DAS Purchasing Section.
W. Va. Code R. § 81-18-28 Restriction of Vendor by Lessor
28.1. If the State Police is bound to use a specific vendor or contractor, or is limited to a contractor or vendor who shall be selected by a Lessor, in a lease entered into by the State Police, the State Police shall not be required to put the commodities out to bid, but shall instead utilize the vendor or contractor required by the Lessor.
Series 19 Motor Vehicle Inspections
W. Va. Code R. § 81-19-1 General
1.1. Scope. -- This rule governs and specifies the inspection procedures for motor vehicles.
1.2. Authority. -- W. Va. Code §17C-16-4.
1.3. Filing Date. -- April 15, 2024.
1.4. Effective Date. -- April 15, 2024.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.
W. Va. Code R. § 81-19-2 Application and Enforcement
2.1. This legislative rule applies to the administration and enforcement of the motor vehicle inspection laws of this state. This rule vests enforcement of its provisions with the Superintendent of the State Police.
W. Va. Code R. § 81-19-3 Incorporation by Reference of the Official Motor Vehicle Inspection Manual
3.1 The Superintendent of the State Police incorporates by reference the West Virginia State Police Official Motor Vehicle Inspection Manual filed with this rule which can also be found at: https://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=56314&Format=PDF.
81CSR4
81CSR19
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