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, it includes contracted staff working for vendors as part of those employed by the Division. The bill establishes that any person in these roles who engages in sexual acts with individuals who are incarcerated, detained, or under supervision will be guilty of a felony, subject to penalties of up to $5,000 in fines and imprisonment for one to five years.

Additionally, the bill outlines 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 under supervision and juvenile offenders in 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