Chapter 15, Chapter 15

(a) Any person convicted of an offense described in §61-2-1, §61-2-4, §61-2-7, §61-2-9, §61-2-9a (when that offense constitutes a felony), §61-2-10, §61-2-10a, §61-2-10b, §61-2-12, §61-2-14, or §61-2-14a of this code, or §61-8-12 of this code (when that offense constitutes a felo…

(a) A member may retire with full benefits upon attaining the age of 50 and completing 25 or more years of service or attaining the age of 52 and completing 20 years or more of service by filing with the board his or her voluntary application in writing for retirement. A member w…

Notwithstanding any other provision of this article or state law, the board shall administer the retirement system in compliance with the limitations of Section 415 of the Internal Revenue Code and Treasury Regulations under that section to the extent applicable to governmental p…

The requirements of this section apply to any distribution of a member’s interest and take precedence over any inconsistent provisions of this retirement system. This section applies to plan years beginning after December 31, 1986. Notwithstanding anything in the retirement syste…

(a) Except where otherwise stated, this section applies to distributions made on or after January 1, 1993. Notwithstanding any provision of this article to the contrary that would otherwise limit a distributee's election under this system, a distributee may elect, at the time and…

(a) This section applies to rollovers and transfers as specified in this section made on or after January 1, 2002. Notwithstanding any provision of this article to the contrary that would otherwise prohibit or limit rollovers and plan transfers to this system, the retirement syst…

(a) Notwithstanding any provision of this article to the contrary, a retirant who becomes reemployed by the agency after the effective date of his or her retirement must have a bona fide separation from service upon retirement to be eligible for an annuity under the retirement sy…

The tests to be performed on each DNA sample shall analyze and type the genetic markers contained in or derived from the DNA sample in accordance with rules promulgated under this article. Any rule regarding the typing and analysis of the DNA sample shall be consistent with any s…

There is hereby created in the state Treasury a special revenue fund designated the "security enforcement fund." The money of the fund shall be made available for investment under the provisions of article six, chapter twelve of this code. The fund shall consist of all gifts, gra…

The superintendent may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code relating to the establishment and operation of the post exchange.

(a) Every retirant of the fund who is sixty-three years of age or older and who is retired by the board under the provisions of section six of this article; every retirant who is retired under the provisions of section nine or ten of this article; and every surviving spouse recei…

(a) The superintendent shall establish within the West Virginia State Police a cadet selection board which shall be representative of commissioned and noncommissioned officers within the State Police. (b) The superintendent shall appoint a member to the position of trooper from a…

(a) In order to permit providers of home care services not otherwise required to be licensed, certified or registered with the Office of Health Facility Licensure and Certification by other provision of this code to access information in the central abuse registry, all home care …

(a) Upon the retirement of a member of the Division of Protective Services, including the Director of the Division of Protective Services and Deputy Director of the Division of Protective Services, the Division of Protective Services shall award to the retiring member his or her …

DNA records and samples shall be stored and maintained by the division in the state DNA database and databank, respectively. DNA samples, without personal identifying information, may also be stored in any DNA typing, testing and research laboratory selected by the division pursu…

All residential care facilities, day care centers, providers to adults with behavioral health needs and home care service providers authorized to operate in West Virginia shall: (1) Provide notice to current employees of the agency and other persons providing services under a con…

The superintendent may also appoint for each company not more than two chaplains, residing within the State of West Virginia, who shall serve without pay, and who may not be required to perform any duties of members of the department, nor shall any bond be required. The superinte…

(a) Any employee who is discharged by order of the superintendent or otherwise terminates employment with the agency is, at the written request of the member to the board, entitled to receive from the fund a sum equal to the aggregate of the principal amount of moneys deducted fr…

(a) The Legislature finds that from the year 1951 to 2003, employees of the West Virginia State Police or its predecessor agencies have operated a voluntary contribution fund. Upon the death of a member or employee of the West Virginia State Police who, upon his or her death, was…

(a) Any business, agency or organization that provides care, treatment, education, training, instruction, supervision or recreation for children, the elderly or individuals with disabilities and is a public, private or not-for-profit entity within the State of West Virginia and i…

(a) Upon incarceration, the Division of Corrections, regional jails and felon facilities shall ensure that the DNA sample is collected from all persons described in section six of this article. When any person convicted of an offense described in section six is not incarcerated, …

(a) Any employee of the agency who has not yet entered retirement status on the basis of age and service and who becomes partially disabled by injury, illness, or disease resulting from any occupational risk or hazard inherent in or peculiar to the services required of employees …

This article shall be known and may be cited as "Amber's Plan".

This article shall be known and may be cited as the “Purple Alert Plan”.

This article shall be known and may be cited as the Green Alert Plan.

This article shall be known and may be cited as the Missing Persons Act.

This article shall be known and may be cited as "Silver Alert Plan".

This article shall be known and may be cited as the "Blue Alert Plan".

The superintendent of the department of public safety is authorized and empowered to establish such systems of communication for the department as may be appropriate, including one or more radio broadcasting stations in the state, one of which shall be at the departmental headqua…

This article shall be known as and may be cited as the "Blue Envelope Program".

(a) Law enforcement agencies shall permanently retain and shall not destroy unresolved missing persons complaint records and evidence. (b) Law enforcement agencies may follow the state’s existing record-retention schedules for resolved missing persons complaints. (c) Law-enforcem…

(a) Upon request of a law-enforcement agency, a wireless telecommunications carrier or internet account provider shall provide location information concerning the telecommunications device of the user to the requesting law-enforcement agency in order to respond to a call for emer…

No person in this state shall operate any radio transmitter on any frequency assigned by the federal communications commission to the department of public safety unless authorized by the superintendent of the department of public safety. Such authorization may be revoked by the s…

(a) The Legislature finds and determines that: (1) Public alerts can be one of the most effective tools in combating child abductions; (2) Law-enforcement officers and other professionals specializing in the field of abducted and missing children agree that the most critical mome…

(a) The Legislature finds that: (1) Public alerts can be one of the most effective tools in locating senior citizens; (2) Law-enforcement officers and other professionals specializing in the field of missing persons agree that the most critical moments in the search for a missing…

(a) The Legislature finds that: (1) Public alerts can be one of the most effective tools in locating criminal suspects; (2) The disappearance of a law-enforcement officer in the line of duty or a person who kills or inflicts a life-threatening injury upon a law-enforcement office…

The Legislature finds that: (1) The ability of law-enforcement agencies to rapidly respond in the hours following the discovery that an individual is missing is a crucial factor in the likelihood that the person will ultimately be located and recovered. The prompt communication o…

(a) The Legislature finds that: (1) According to the U.S. Department of Veterans Affairs, 20 veterans commit suicide each day across the country; (2) While veterans make up less than nine percent of the total U.S. population, tragically, they account for 19 percent of all suicide…

(a) The Legislature finds that: (1) Public alerts can be one of the most effective tools in locating a missing person who has a cognitive impairment; (2) Law-enforcement officers and other professionals, specializing in the field of missing persons, agree that the most critical m…

(a) By January 1, 2027, the State Police, in consultation with relevant stakeholders, shall develop the Blue Envelope Program to promote better communication between law enforcement and community members with a medical condition or disability that may benefit from additional acco…

(a) The Secretary of the Department of Homeland Security shall establish a “Silver Alert” program authorizing the broadcast media, upon notice from the State Police, to broadcast an alert to inform the public of a missing senior citizen, subject to the criteria established in sec…

For the purposes of this article, “cognitive impairment” means a substantial disorder of thought, mood, perception, orientation, or memory that grossly impairs judgement, behavior, or the ability to live independently or provide self-care, and includes but is not limited to: (1) …

The superintendent of the department of public safety shall broadcast all police dispatches and reports submitted which, in his opinion, have a reasonable relation to or connection with the apprehension of criminals, the prevention of crime, or the maintenance of peace, safety an…

For the purposes of this article: (1) "CODIS" means the Federal Bureau of Investigation’s Combined DNA Index System, which allows for the storage and exchange of DNA records submitted by federal, state, and local forensic DNA laboratories. The term "CODIS" includes the National D…

(a) The Superintendent of the West Virginia State Police shall establish the Green Alert Plan authorizing the broadcast media, upon notice from the West Virginia State Police, to broadcast an alert to inform the public of a missing at-risk veteran, subject to the criteria establi…

(a) The secretary of the Department of Military Affairs and Public Safety shall establish "Amber's Plan", a program authorizing the broadcast media, upon notice from the State Police, to transmit an emergency alert to inform the public of a child abduction. The program shall be a…

(a) The Blue Envelope Program shall provide durable, blue-colored envelopes to persons with autism spectrum disorder, dementia, or intellectual and developmental disabilities. (b) The State Police shall make Blue Envelope Program materials available by mail and at every State Pol…

(a) The Superintendent of the West Virginia State Police shall establish a Blue Alert program authorizing the broadcast media, upon notice from the West Virginia State Police, to broadcast an alert to inform the public of a law-enforcement officer who is missing in the line of du…

(a) The Secretary of the Department of Homeland Security shall establish a "Purple Alert" program authorizing the broadcast media, upon notice from the State Police, to broadcast an alert to inform the public of a missing person who has a cognitive impairment; (b) The Secretary s…

The following criteria shall be met before the West Virginia State Police activate the Green Alert: (1) An individual who has knowledge that the at-risk veteran is missing has submitted a missing person’s report to the West Virginia State Police or other appropriate law-enforceme…