West Virginia, just like all other states, attempt to follow the guidelines that are included in SORNA (Federal). States all have different levels of compliance with SORNA and West Virginia is no exception. Below are some of the common questions relating to sex offender registry requirements in the state.
Who is required to register as a sex offender in West Virginia?
Any person who has pled guilty, been convicted, or found not guilty by reason of mental illness, mental retardation, or addiction for crimes that require registration, or any offenses determined by the sentencing court to have been sexually motivated must register as a sex offender.
What are the responsibilities of someone required to register as a sex offender?
A person required to register must sign a statement in open court acknowledging their understanding of the sex offender registration requirements. This statement serves as evidence that the person is aware of the registration requirements. They must also respond to the court’s questions to verify that they received notice and understand the provisions of the Act.
What is Sexually Violent Predator Status?
If a hearing is held to determine if a person is a sexually violent predator, they have the right to be present, be represented by counsel, introduce evidence, and cross-examine witnesses. Before the hearing, they can be examined by an independent expert of their choice and use their testimony as a medical witness. If determined to be a sexually violent predator, they must comply with all registration requirements for this status. The process to remove this status can be initiated if the underlying conviction is reversed, vacated, or set aside.
What must a person required to register do when they are released from incarceration?
The person must physically appear at a State Police Detachment in their county of residence within three business days of release and provide the necessary information to complete registration.
What if someone is not incarcerated by has a conviction or guilty plea but before incarceration?
If not incarcerated, the person must appear at a State Police Detachment in their county of residence within three business days of conviction or guilty plea to complete the registration process.
How does address verification work?
Upon initial registration, the person must provide their mailing and physical address(es). They must then cooperate with the State Police to verify their address. Address verification continues after initial registration. Sexually violent predators receive registration notifications every 90 days (January, April, July, and October), while all other individuals receive them annually, in the month of their birth.
Regardless of notification, all registered persons must comply with the address verification process. Within ten business days of receiving the notification, they must appear at a State Police detachment in their county of residence, school, or employment. They must also comply with all verification inquiries or requests from the State Police.
What if there is a change of address or registration information?
The person must notify the State Police detachment where they last registered of their intent to move and provide their new address ten business days before moving. If they plan to reside out-of-state or out-of-country after incarceration, they must inform correctional officials of their intent and new address before release. Within ten business days of moving, they must appear at the State Police detachment in their new county of residence and provide their new address.
For any other changes to their registration information, they have ten business days to appear at a State Police detachment in their county of residence, work, or school and provide the updated information.
What about Out-of-state registrants?
If a person is required to register in their state of residence and they are employed, carry on a vocation, are a student, or visit West Virginia for more than 15 consecutive days, they must register within three business days. They must appear at a State Police detachment in the county where they work, attend school, or visit to provide the necessary information.
What about moving to West Virginia?
Anyone required to register who moves to West Virginia must appear at a State Police detachment in their county of residence within ten business days to complete the registration process.
What happens if someone is residing in one county but working, attending school, or visiting another?
The person must appear at a State Police detachment in the county where they work, attend school, or visit and provide the necessary information.
For more details and specifics, you can consult the full text of the West Virginia Administrative Code Series 81-14 Regulations and Procedures Pertaining to the West Virginia Sex Offender Registration Act.
If you or someone you know is facing charges that require registration as a sex offender, our team of consultants are here to help you through the process — to understand what you need to do in West Virginia (or whatever state you reside in), how to avoid common mistakes that people make resulting in re-arrest for Failure to Register charges, how to successfully travel between states or internationally, and best practices to ensure compliance.