Delegates Consider Annual Fee For Sex Offenders; Some Worry It’s Overly Punitive

Some West Virginia lawmakers say the cost of maintaining the state’s sex offender registry should fall more squarely on the shoulders of registrants.

The West Virginia Sex Offender Registry makes the names, addresses and photographs of residents “convicted of sexual offenses” publicly accessible “in order to allow members of the public to adequately protect themselves and their children,” as required by West Virginia’s Sex Offender Registration Act.

But Jeff Chumley, president of the West Virginia Troopers Association, says upkeep for the registry takes a financial and mental toll on law enforcement agencies. That is why he supports House Bill 3164, which would require West Virginians convicted of sex offenses to pay an annual $250 fee for registry maintenance.

On Thursday morning, the West Virginia House of Delegates Judiciary Committee hosted a public hearing for the bill.

Chumley told lawmakers that officers are already “short-staffed” from “answering 911 calls, accidents, domestic burglaries, everything else.” Making in-person visits to verify registrants’ addresses and the mental health toll associated with addressing sexual offenses are just “an added thing that we’ve got to fill,” he said.

There are 6,399 individuals listed on the West Virginia State Police’s digital registry. If each paid an annual fee of $250, the state would collect just under an additional $1.6 million each year for registry upkeep.

Del. Bill Flanigan, R-Ohio, is the bill’s sponsor. He said the bill would shift the cost of maintaining the registry away from taxpayers and better support state police.

“I would look at it the same as if you’re on parole; you’re gonna do this for the rest of your life,” he said. But currently, “you committed a crime, and the taxpayers are the ones bearing costs.”

Some committee members expressed concerns over the text of the bill. Critics worry it could be overly punitive to people who have already faced consequences for past convictions, especially for those convicted of non-felony offenses.

“Are there constitutional issues and things like this?” asked Del. Rick Hillenbrand, R-Hampshire. “It sounds like a continuing spanking.”

Del. Bill Ridenour, a Republican from Jefferson County, questioned the feasibility of the bill. He said people with criminal convictions already have a hard time finding work, which could make it scraping together an extra $250 each year difficult.

“I’m just a little concerned, like I said, that we’re continuing to go after folks,” he said. “$250 is not a lot to most of us here. To somebody who’s on the street because of what they did in the past, this may be an overwhelming thing every year to have to pay.”

The proposed bill does not detail specific enforcement measures for the fee collection process, but would require a registrant’s county clerk to document their failure to pay the annual fee.

In response to lawmaker concerns, Flanigan said he would be open to amending the bill to make implementing the fee more practical, to adjust its total annual cost or to more clearly delineate acceptable uses of the funds.

The current bill notes that fees must be paid between January and June each year, which “will be collected and utilized by the state police to defray costs associated with maintaining the registry,” but does not elaborate on specific uses for the funds.

After discussion, the Judiciary Committee advanced House Bill 3164 to the markup and discussion phase.

In 2023, members of the West Virginia Senate considered adopting a similar $75 annual fee for people convicted of sexual offenses, but the bill did not pass either chamber of the West Virginia Legislature.