This bill proposes an amendment to the Code of West Virginia by adding a new section, 15-12-3b, to the Sex Offender Registration Act. It allows individuals convicted of misdemeanor sexual abuse in the third degree to petition the original sentencing court for removal from the sex offender registry after fulfilling specific conditions. These conditions include completing all terms of their sentence, waiting a minimum of 10 years post-release, and providing a risk assessment from a qualified mental health professional. The court may grant the petition if the individual has not committed any further offenses and has successfully completed any required treatment programs.

Additionally, the bill mandates that before the court grants any petition for removal, it must notify the county prosecuting attorney, victim advocate, and the victim or their family, allowing them to present their views. The court is required to consider these statements when making its decision. The judge can only grant the petition if it is determined that removing the individual from the registry would aid in their rehabilitation and align with public welfare. If a petition is denied, the individual must wait another 10 years before filing again.

Statutes affected:
Introduced Version: 15-12-3b