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 held accountable under this law. The bill establishes that any person engaging in sexual acts with incarcerated or detained individuals, including those employed as parole or probation officers, or those working in alternative sentence programs, will be guilty of a felony and subject to penalties of up to $5,000 in fines 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 constitute sexual contact under this statute. This legislation aims to strengthen protections for vulnerable populations within the correctional system and ensure that all individuals in positions of authority are held to the same legal standards regarding sexual conduct.

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