The bill amends West Virginia Code § 61-8B-10, which addresses sexual offenses against individuals who are incarcerated, detained, or under supervision. It clarifies that the term "any person employed by the Division of Corrections and Rehabilitation" includes contracted staff working for vendors, thereby expanding the scope of individuals who can be penalized for engaging in sexual acts with these vulnerable populations. The penalties for such offenses remain consistent, with offenders facing felony charges, fines of up to $5,000, and imprisonment for one to five years.

Additionally, the bill specifies that the definition of "incarcerated or detained in this state" encompasses both adult and juvenile offenders under certain provisions of the law. It also clarifies that authorized security-related tasks, such as pat-downs or strip searches, do not qualify as sexual contact under this statute. These changes aim to strengthen protections for individuals in correctional settings and ensure that all individuals in positions of authority are held accountable for their actions.

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