Substitute House Bill No. 5477 seeks to improve the safety and well-being of both employees within the Department of Correction (DOC) and individuals incarcerated in correctional facilities. The bill introduces new definitions and standards for sexual abuse, aligning with federal regulations, and mandates compliance with the National Prison Rape Elimination Commission's standards. Key insertions include a clear definition of "sexual abuse," privacy protections for individuals with differing gender identities, and comprehensive training requirements for correctional staff on sexual abuse prevention and response. The bill also emphasizes timely investigations of reported incidents, requiring completion within thirty days and regular reporting to legislative committees. Additionally, it establishes a confidential crisis hotline for reporting sexual violence and mandates annual mental health training for custodial staff.
The bill also repeals and replaces existing statutes related to sexual assault, expanding definitions and increasing penalties, such as raising the minimum prison sentence for second-degree sexual assault from nine months to two years. It holds employees accountable for sexual misconduct against those in their care and requires the DOC to assist inmates with housing, mental health treatment, and employment counseling upon release. Furthermore, the bill outlines a correctional culture change initiative aimed at improving the work environment for staff and enhancing inmate rehabilitation. It imposes a duty on employees to report witnessed incidents of sexual abuse, with protections against retaliation for those who report. Overall, the bill aims to create a safer environment within correctional facilities while ensuring accountability and support for victims of sexual violence.
Statutes affected: Raised Bill: 18-81cc, 18-96a, 18-81
GOS Joint Favorable Substitute: 18-81cc, 18-96a, 18-81
File No. 390: 18-81cc, 18-96a, 18-81