West Virginia Code 62-11D-1 – Definitions
As used in this article:
Terms Used In West Virginia Code 62-11D-1
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 . See West Virginia Code 62-11D-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) "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.