H. B. 3228
(By Delegates Ashley, Carmichael and Webster)
[Introduced February 23, 2007; 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, related to providing that home confinement
officers are subject to the criminal prohibition of engaging
in sexual intercourse with persons incarcerated; and, defining
the phrase "incarcerated in this state" to include home
confinement subject to the Home Incarceration Act.
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
county jail or by the Regional Jail and Correctional Facility
Authority,
or any person working at a facility managed by the
Regional Jail and Correctional Facility Authority or a
county 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.
NOTE: The purpose of this bill is to provide that home
confinement officers are subject to the criminal prohibition of
engaging in sexual intercourse with persons who are incarcerated.
The bill also defines the phrase "incarcerated in this state" to
include home confinement subject to the Home Incarceration Act.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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