West Virginia § 62-11D-1 Definitions

West Virginia Statutes

§ 62-11D-1 — Definitions

West Virginia § 62-11D-1

Ch. 62CRIMINAL PROCEDURE

Art. 11DHEIGHTENED EXAMINATION AND SUPERVISION FOR CERTAIN SEX OFFENDERS

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Bluebook

W. Va. Code § 62-11D-1 (2026).

Text

As used in this article:

(1)"Certified polygraph analyst" means a person licensed pursuant to the provisions of section five-c, article five, chapter twenty-one of this code and who:

(A)Is certified in post conviction sex offender testing as prescribed by the American Polygraph Association;

(B)Has completed not less than twenty hours of American Polygraph Association-approved sex offender testing training every other calendar year; and

(C)Uses standards approved by the American Polygraph Association for sex offender testing.

(2)"Electronic monitoring" means any one or a combination of the following technologies:

(A)Voice verification;

(B)Radio frequency;

(C)Video display/breath alcohol test;

(D)Global positioning satellite; or

(E)Global positioning satellite - cellular.

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As used in this article:

(1) "Certified polygraph analyst" means a person licensed pursuant to the provisions of section five-c, article five, chapter twenty-one of this code and who:

(A) Is certified in post conviction sex offender testing as prescribed by the American Polygraph Association;

(B) Has completed not less than twenty hours of American Polygraph Association-approved sex offender testing training every other calendar year; and

(C) Uses standards approved by the American Polygraph Association for sex offender testing.

(2) "Electronic monitoring" means any one or a combination of the following technologies:

(A) Voice verification;

(B) Radio frequency;

(C) Video display/breath alcohol test;

(D) Global positioning satellite; or

(E) Global positioning satellite - cellular.

(3) "Full-disclosure polygraph" or "sexual history polygraph" means a polygraph examination administered to determine the entire sexual history of the probationer or parolee.

(4) "Maintenance test" means polygraph examination administered to determine the probationer's or parolee's compliance with the terms of supervision and treatment.

(5) "Sexually violent predator" means any person determined by a circuit court of this state to be a sexually violent predator pursuant to the provisions of section two-a, article twelve, chapter fifteen of this code or of a similar provision in another state, federal or military jurisdiction.