The bill amends West Virginia Code § 61-8B-10 to clarify the definition of individuals who are considered employees of the Division of Corrections and Rehabilitation, specifically including contracted staff working for vendors. It establishes that any person employed by the Division, as well as those working at correctional or juvenile facilities under contract, who engages in sexual acts with individuals who are incarcerated, detained, or under supervision, will be guilty of a felony. The penalties for such offenses include a fine of up to $5,000 and imprisonment for a term ranging from one to five years.

Additionally, the bill specifies that parole officers and probation officers who engage in sexual acts with individuals they supervise are also guilty of a felony, with the same penalties applying. It further extends the definition of "incarcerated or detained" to include adult offenders serving sentences or periods of supervision, as well as juvenile offenders under similar circumstances. Importantly, the bill clarifies that authorized security-related tasks, such as pat-downs or strip searches, do not constitute sexual contact under this law.

Statutes affected:
Introduced Version: 61-8B-10
Engrossed Version: 61-8B-10