The bill amends West Virginia Code ยง61-8B-10, which addresses sexual offenses against individuals who are incarcerated, detained, or under supervision. It clarifies that the definition of "any person employed by the Division of Corrections and Rehabilitation" includes contracted staff working for vendors. The bill establishes that any individual in these roles who engages in sexual acts with incarcerated or detained persons is guilty of a felony, subject to penalties of up to $5,000 in fines and imprisonment for one to five years.
Additionally, the bill specifies that the term "incarcerated or detained in this state" encompasses both adult offenders serving sentences and juvenile offenders under supervision. It also clarifies that authorized security-related tasks, such as pat-downs or strip searches, do not constitute sexual contact under this law. The changes aim to strengthen protections for vulnerable populations within the correctional system and ensure accountability for those in positions of authority.
Statutes affected: Introduced Version: 61-8B-10
Enrolled Version: 61-8B-10