ENROLLED
H. B. 3228
(By Delegates Ashley, Carmichael and Webster)
[Passed March 9, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §61-8B-10 of the Code of West Virginia,
1931, as amended, providing that it is a crime for home
confinement officers to engage in sexual intercourse or sexual
intrusion with persons incarcerated; defining the phrase
'incarcerated in this state' to include home confinement
subject to the Home Incarceration Act; and providing
penalties.
Be it enacted by the Legislature of West Virginia:
That §61-8B-10 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 8B. SEXUAL OFFENSES.
§61-8B-10. Imposition of sexual intercourse or sexual intrusion on
incarcerated persons; penalties.
(a) Any person employed by the Division of Corrections, any
person working at a correctional facility managed by the
Commissioner of Corrections pursuant to contract or as an employee
of a state agency, any person working at a correctional facility managed by the Division of Juvenile Services pursuant to contract
or as an employee of a state agency, any person employed by a jail
or by the Regional Jail and Correctional Facility Authority, any
person working at a facility managed by the Regional Jail and
Correctional Facility Authority or a jail or any person employed
by, or acting pursuant to, the authority of any sheriff, county
commission or court to ensure compliance with the provisions of
article eleven-b, chapter sixty-two of this code who engages in
sexual intercourse or sexual intrusion with a person who is
incarcerated in this state is guilty of a felony and, upon
conviction thereof, shall be confined in a state correctional
facility under the control of the Commissioner of Corrections for
not less than one nor more than five years or fined not more than
five thousand dollars.
(b) Any person employed by the Division of Corrections as a
parole officer or by the West Virginia Supreme Court of Appeals as
an adult or juvenile probation officer who engages in sexual
intercourse or sexual intrusion 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 confined in a state correctional facility under
the control of the Commissioner of Corrections for not less than
one nor more than five years or fined not more than five thousand
dollars, or both.
(c) The term "incarcerated in this state" for purposes of this
section includes in addition to its usual meaning, offenders serving a sentence under the provisions of article eleven-b,
chapter sixty-two of this code.
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