West Virginia Code 15-2C-3 – Reports of certain convictions by prosecuting attorneys
(a) The central abuse registry shall maintain information relating to child abuse or neglect, abuse or neglect of an incapacitated adult or adult receiving behavioral health services, and misappropriation of property with respect to individuals convicted of certain offenses pursuant to this code, when the victim of the crime is a child or an incapacitated adult or an adult receiving behavioral health services, to include:
Terms Used In West Virginia Code 15-2C-3
- Abuse or neglect of an incapacitated adult: means "abuse" "neglect" and "incapacitated adult" as those terms are defined in §. See West Virginia Code 15-2C-1
- Adult receiving behavioral health services: means a person over the age of 18 years who is receiving any behavioral health service from a licensed behavioral health provider or any behavioral health provider whose services are paid for, in whole or in part, by Medicaid or Medicare. See West Virginia Code 15-2C-1
- child abuse or neglect: means those terms as defined in §. See West Virginia Code 15-2C-1
- Conviction: A judgement of guilt against a criminal defendant.
- home care services: means services provided to children or incapacitated adults or adults receiving behavioral health services in the home through a hospice provider, a community care provider, a home health agency, through the Medicaid waiver program, or through any person when that service is reimbursable under the state Medicaid program. See West Virginia Code 15-2C-1
- Misappropriation of property: means any act which is a crime against property under §. See West Virginia Code 15-2C-1
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- registry: means the registry created by this article which contains the names of individuals who have been convicted of a felony or a misdemeanor offense constituting abuse, neglect, or misappropriation of the property of a child or an incapacitated adult or an adult receiving behavioral health services. See West Virginia Code 15-2C-1
- Requester: means the West Virginia Department of Education, any residential care facility, any state licensed day care center, any qualified entity as defined in this section, or any provider of home care services or an adult receiving behavioral health services, providing to the Central Abuse Registry the name of an individual and other information necessary to identify that individual, and either: (1) Certifying that the individual is being considered for employment or service as a volunteer by the requester or for a contractual relationship with the requester where the individual will provide services to a child or an incapacitated adult or an adult receiving behavioral health services for compensation. See West Virginia Code 15-2C-1
- Residential care facility: means any facility where a child or an incapacitated adult or an adult receiving behavioral health services resides which is subject to registration, licensure, or certification by the Department of Health and Human Resources, and includes nursing homes, personal care homes, residential board and care homes, adult family care homes, group homes, legally unlicensed service providers, residential child care facilities, family based foster care homes, specialized family care homes, and intermediate care facilities for the mentally retarded. See West Virginia Code 15-2C-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) First or second degree murder pursuant to section one, article two, chapter sixty-one of this code;
(2) Voluntary manslaughter pursuant to section four, article two, chapter sixty-one of this code;
(3) Attempt to kill or injure by poison pursuant to section seven, article two, chapter sixty-one of this code;
(4) Malicious or unlawful assault pursuant to section nine, article two, chapter sixty-one of this code;
(5) Assault during commission of or attempt to commit a felony pursuant to section ten, article two, chapter sixty-one of this code;
(6) Extortion by threats pursuant to section thirteen, article two, chapter sixty-one of this code;
(7) Abduction of a person or kidnapping or concealing a child pursuant to section fourteen, article two, chapter sixty-one of this code;
(8) Enticing away or otherwise kidnapping any person pursuant to section fourteen-a, article two, chapter sixty-one of this code;
(9) A misdemeanor or felony sexual offense pursuant to article eight-b, chapter sixty-one of this code;
(10) Filming of sexually explicit conduct of minors pursuant to article eight-c, chapter sixty-one of this code;
(11) Misdemeanor or felony child abuse pursuant to article eight-d, chapter sixty-one of this code;
(12) A violent crime against the elderly which is an offense under the provisions of section nine or ten, article two, chapter sixty-one of this code which is subject to the sentencing provisions of section ten-a of said article two; or
(13) A property offense pursuant to article three, chapter sixty-one of this code, with respect to a child in a residential care facility or an incapacitated adult or an adult receiving behavioral health services in a residential care facility or a child or an incapacitated adult or an adult receiving behavioral health services who is a recipient of home care services, when the individual committing the offense was providing services for compensation in the residential care facility or within the home.
(b) The prosecuting attorneys in each of the fifty-five counties within the state, upon conviction of a misdemeanor, a felony or a lesser included misdemeanor offense for those specific offenses set forth in subsection (a) of this section, shall report the conviction to the central abuse registry, together with additional information, provided in a form, as may be required by the criminal identification bureau for registry purposes. Reporting procedures shall be developed by the criminal identification bureau in conjunction with the prosecuting attorneys' institute and the office of the administrator of the Supreme Court of Appeals.
(c) Information relating to convictions prior to the effective date of this section of a misdemeanor or a felony constituting child abuse or abuse or neglect of an incapacitated adult receiving behavioral health services shall, to the extent which is feasible and practicable, be placed on the central abuse registry. When any requester requests information related to a named individual, the criminal identification bureau may search and release other information maintained by the bureau to determine whether that individual has been convicted of offenses which are subject to inclusion on the registry.