West Virginia agencies preserve unresolved missing-person records and evidence

Law-enforcement agencies must permanently keep records and evidence for unresolved missing-person complaints and digitize active and unresolved complaint files. A complaint is unresolved one year after it was filed. Digitizing also covers active complaints. The lead agency or West Virginia State Police must keep physical and biological evidence under agency policies. A complaint is unresolved one year from its filing date. The permanent-retention duty applies to unresolved complaints; digitizing applies to active and unresolved complaints.

The lead law-enforcement agency must send all records about an unresolved missing-person complaint to the West Virginia Fusion Center. This covers all documentation related to an unresolved missing-person complaint. The Fusion Center keeps the records until the lead agency or State Police tells it that the person was found or the complaint was resolved. The center keeps the records until it receives notice that the person has been located or the complaint has been resolved.

The West Virginia Fusion Center must develop a secure cold-case database, collect information required from agencies, and keep database information indefinitely. A cold case includes an eligible unsolved felony, an unresolved missing-person complaint, or unidentified human remains, when investigators have exhausted all leads. Cold-case information may include case and victim details, available evidence, and suspect information. Vehicle details, aliases, contact information, and photos or drawings may also be included when applicable; agencies must identify whether the information concerns the victim or suspect. The Fusion Center must keep the database information indefinitely.