Introduced Version
House Bill 2198 History
| Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 2198
(By Delegates Miley, Moore, Poore and Lane)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §62-11D-2 of the Code of West Virginia,
1931, as amended, relating to polygraph examinations required
as a condition of supervision for certain sex offenders
released on probation, parole or supervised release; amending
the number of polygraph examinations that may be conducted by
an examiner within a twenty-four hour period; and amending the
number of conclusive examinations that may be conducted on a
sex offender by the same examiner within one year.
Be it enacted by the Legislature of West Virginia:
That §62-11D-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 11D. HEIGHTENED EXAMINATION AND SUPERVISION FOR CERTAIN
SEX OFFENDERS.
§62-11D-2. Polygraph examinations as a condition of supervision for certain sex offenders released on probation,
parole or on supervised release.
(a) Notwithstanding any provision of this code to the
contrary, any person:
(1) Who has been determined to be a sexually violent predator
pursuant to the provisions of section two-a, article twelve,
chapter fifteen of this code; or
(2) Who is required to register as a sex offender pursuant to
the provisions of article twelve, chapter fifteen of this code and
who is ordered by a circuit court or supervising entity to undergo
polygraph examination as a condition of probation, parole or
supervised release, shall, as a condition of said probation, parole
or supervised release, submit to polygraph examinations as
prescribed in this section.
(b) Any person required to undergo polygraph examination
pursuant to subsection (a) of this section shall, at his or her
expense, submit to at least one polygraph examination each year to
answer questions relating to his or her compliance with conditions
of supervision, including conditions related to treatment.
Additional examinations may be required, not to exceed a total of
five. The results of any examination are not admissible in
evidence and are to be used solely as a risk assessment and
treatment tool. Examination results shall be made available to the
person under supervision, upon request.
(c) In the event a person required to submit to polygraph
examinations as required by the provisions of this section is
unable to pay for the polygraph examination or examinations, that
person may present an affidavit reflecting the inability to pay for
such testing to the circuit court of the county of supervision. If
it appears to the satisfaction of the court that such person is in
fact financially unable to pay for such testing, the court shall
issue an order reflecting such findings and forward such order to
the supervising entity. Upon receipt of such order, the
supervising entity shall then be responsible for paying for such
testing.
(d) Any polygraph examination conducted pursuant to the
provisions of this section shall be conducted by a certified
polygraph analyst.
(e) In the conduct of polygraph examinations of a sex offender
performed pursuant to the provisions of this section, no certified
polygraph analyst may:
(1) Conduct more than two three full disclosure or sexual
history polygraph examinations in a twenty-four hour period;
(2) Disclose any information gained during any full disclosure
or sexual history polygraph examination to any law-enforcement
agency or other party, other than the supervising entity, without
the supervised person's consent, nor shall any information or
disclosure be admissible in any court of this state, unless such information disclosed indicates the intention or plan to commit a
criminal violation of the laws of this or another state or of the
United States in which case such information may be released only
to such persons as might be necessary solely to prevent the
commission of such crime;
(3) Conduct more than two five maintenance tests in a
twenty-four hour period;
(4) Conduct more than a combined total of five one full
disclosure or sexual history polygraph examination examinations and
more than two maintenance tests in a twenty-four hour period; or
(5) Conduct more than five polygraph examinations, with
conclusive results, of the same sex offender in a calendar year.
This limitation shall not restrict retesting of the sex offender
due to a lack of resolution during an initial or earlier
examination.
(f) No polygraph examination performed pursuant to the
provisions of this section may be conducted by a person who is a
sworn peace officer, within the boundaries of that officer's
jurisdiction.
NOTE: The purpose of this bill is to amend the number of
polygraph examinations which may be administered by an examiner, to
be consistent with the Model Policy for Post-conviction Sex
Offender Testing established by the American Polygraph Association.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.