West Virginia Code 15-2C-6 – Fees
The criminal identification bureau may charge, and any requester shall pay, a user charge of $10 for each request for information made by a requester to the central abuse registry. In order to expedite requests by requesters, the criminal identification bureau may establish a procedure permitting service providers or qualified entities as defined in § 15-2C-1 of this code to deposit funds with the bureau in anticipation of requests. Fees pursuant to this section shall be paid into a special account in the State Treasury to be expended for: (1) Registry purposes and criminal recordkeeping; (2) information technology support and infrastructure; and (3) technology-related hardware and/or software that is associated with the routine operations of the West Virginia State Police Criminal Identification Bureau, including, but not limited to, the creation, transport, storage, and delivery of criminal justice information: Provided, That for and after the fiscal year ending June 30, 1998, all expenditures shall be made in accordance with appropriation by the Legislature. Amounts collected which are found from time-to-time to exceed the funds needed for central abuse registry and criminal recordkeeping purposes may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature. For purposes of this section, the term “criminal recordkeeping” means the compiling of fingerprints, photographs, criminal disposition reports, uniform crime report statistics, and other relevant data regarding the arrest, conviction, incarceration, and post-conviction status of criminal violators and sex offenders.
Terms Used In West Virginia Code 15-2C-6
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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
- 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