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, including employees, volunteers, or contracted personnel, who engages in sexual acts with incarcerated or detained persons is guilty of a felony, punishable by a fine of up to $5,000 or imprisonment for one to five years, or both.
Additionally, the bill specifies that the term "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. 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