Clarifying requirements for persons employed by Division of Corrections and Rehabilitation include contracted vendor staff
Summary
SB 828 amends West Virginia’s sexual offenses statute covering people who are incarcerated, detained, or under supervision. The bill makes clear that the prohibition on sexual intercourse, sexual intrusion, or sexual contact applies not only to employees of the Division of Corrections and Rehabilitation, but also to people working at correctional or juvenile facilities under contract, such as vendor staff, as well as certain state employees, volunteers, sheriffs’ personnel, and others acting under authority to ensure compliance with correctional supervision laws.
The bill also extends the statute’s coverage to parole officers, adult and juvenile probation officers, and people working or volunteering in alternative sentence programs when they are supervising participants as part of their duties. It defines “incarcerated or detained in this state” to include adult and juvenile offenders serving sentences or supervision under the relevant code provisions, and it clarifies that authorized pat-downs, strip searches, and other security-related tasks are not sexual contact under the law.
Impact
SB 828 broadens and clarifies the class of covered offenders and covered personnel under West Virginia Code §61-8B-10. It expressly includes contracted vendor staff working in correctional or juvenile facilities, helping ensure that sexual misconduct prohibitions apply across both direct employees and contracted workers. The bill also reinforces felony penalties of up to five years’ imprisonment and/or a fine of up to $5,000 for violations, while preserving an exception for legitimate security-related searches and tasks.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate unanimously, 31-0, and the House by a strong margin, 90-7. The available context suggests the measure was viewed as a clarifying and protective update to existing law rather than a controversial policy change.
Contention
The main issue addressed by SB 828 is whether the sexual-offense prohibition should explicitly reach contracted vendor staff and other nontraditional personnel working in correctional settings. Supporters likely favored closing any gap that could allow misconduct by contractors or volunteers to fall outside the statute. Any opposition appears limited, but the only plausible point of contention is the breadth of the covered workforce and the need to ensure the law does not interfere with legitimate correctional searches or supervision activities; the bill addresses that concern by expressly excluding authorized pat-downs, strip searches, and similar security tasks.
Similar To
Clarifying that any person employed by the Division of Corrections and Rehabilitation pursuant to a contract includes contracted staff that work for vendors