WEST virginia legislature

2022 regular session

Introduced

Senate Bill 575

By Senators Trump, Woelfel, and Grady

[Introduced February 03, 2022; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §61-8B-10 of the Code of West Virginia, 1931, as amended, relating to the felony offense of imposition of sexual acts on persons incarcerated, detained, or under supervision by the Division of Corrections and Rehabilitation, the West Virginia Supreme Court of Appeals, or by any person acting pursuant to or under the authority of any sheriff, county commission, municipality, or court to ensure compliance with the provisions of §62-11B-1 et seq. of the code; clarifying that the felony offense applies to a person working at a juvenile facility or working for a municipal home incarceration program; providing that the felony offense applies to sexual imposition on persons detained or committed to a facility; establishing the felony offense of an attempt of the of sexual acts proscribed; penalties; and clarifying the definition of “incarcerated or detained in this state” to include adult and juvenile offenders sentenced, detained, committed, or serving a period of supervision pursuant to §62-11B-1 et seq. of the code.   

Be it enacted by the Legislature of West Virginia:

ARTICLE 8B. SEXUAL OFFENSES.

§61-8B-10. Imposition of sexual acts on persons incarcerated, detained, or under supervision; penalties.

(a) Any person employed by the Division of Corrections and Rehabilitation, any person working at a correctional or juvenile facility managed by the Commissioner of Corrections and Rehabilitation pursuant to contract or as an employee of a state agency or as a volunteer or any person employed by, or acting pursuant to, the authority of any sheriff, county commission, municipality, or court to ensure compliance with the provisions of §62-11B-1 et seq. of this code who engages, or attempts to engage, in sexual intercourse, sexual intrusion, or sexual contact with a person who is incarcerated or detained in this state is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than five years or both fined and imprisoned.

(b) Any person employed by the Division of Corrections and Rehabilitation as a parole officer or by the West Virginia Supreme Court of Appeals as an adult or juvenile probation officer, who engages, or attempts to engage, in sexual intercourse, sexual intrusion, or sexual contact with a person said parole officer or probation officer is charged as part of his or her employment with supervising, is guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000 or imprisoned in a state correctional facility for not less than one nor more than five years­, or both fined and imprisoned.

(c) Any person working or volunteering in an alternative sentence program authorized by the provisions of §62-11C-1, et seq. of this code who, as part of his or her employment or volunteer duties, supervises program participants, engages, or attempts to engage, in sexual intercourse, sexual intrusion, or sexual contact with a program participant is guilty of a felony and upon conviction, shall be fined not more than $5,000, imprisoned in a state correctional facility for not less than one nor more than five years, or both fined and imprisoned.

(d) The term “incarcerated or detained in this state” for purposes of this section includes, in addition to its usual meaning, adult offenders serving a sentence or a period of supervision under the provisions of article §62-11B-1 et seq. of this code, and juvenile offenders detained, committed, or serving a period of supervision under the provisions of §62-11B-1 et seq. of this code.

(e) Authorized pat-down, strip search or other security related tasks do not constitute sexual contact pursuant to this section.

NOTE: The purpose of this bill is to ensure that imposition of certain sexual offenses applies to those persons working in juvenile facilities against juveniles detained or committed in juvenile facilities.  Furthermore, the amendments also make an attempt to engage in all acts proscribed by this section a criminal offense.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.