Clarifying requirements for persons employed by Division of Corrections and Rehabilitation include contracted vendor staff
SB 828 clarifies that the existing law protecting incarcerated individuals from sexual offenses applies to contracted vendor staff working at correctional facilities, not just direct state employees. It amends West Virginia Code §61-8B-10 to explicitly include "any person employed by the Division of Corrections and Rehabilitation pursuant to a contract" among those prohibited from committing sexual acts with incarcerated or detained people. This change ensures vendor staff - such as those working for private companies providing services at prisons - are covered under the same felony penalties (up to $5,000 fines or 1-5 years in prison) as state employees. The bill does not create new penalties but makes the law clearer to close a potential loophole. It directly affects contracted workers at correctional facilities and strengthens protections for people in custody.
Bill status
signed
all 5 stages cleared
Introduction
Mar 2025
Committee Review
Mar 2025
Senate Passage
Apr 2025
House of Delegates Passage
Apr 2025
Signed into Law
Aug 2025
Introduced Mar 20, 2025
Signed Aug 8, 2025
Maddy AI version diff · 1 comparison
What changed between versions
Introduced Version
→
Enrolled Version
·
1 edit
·
Apr 25, 2025
MINOR
The bill was finalized and enrolled for passage, with one substantive addition: a new subsection (e) clarifies that authorized security procedures like pat-downs and strip searches do not count as sexual contact under this law. The rest of the text reflects standard formatting changes between the introduced and enrolled versions, including the addition of certification signatures and passage dates.
Scope change
The bill's scope remains unchanged; it continues to criminalize sexual acts by correctional staff, probation officers, and program supervisors against incarcerated or supervised individuals.
DEFINITION
New subsection (e) adds an exemption stating that authorized security-related tasks such as pat-downs and strip searches do not constitute sexual contact under this section.
Floor votes · Senate Apr 1, 2025 · House of Delegates Apr 4, 2025
How they voted
32–0
Passed · 1 other
Total votes 33
Apr 1, 2025
D
Democratic2
50% Yea
R
Republican31
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
31
Key actions
6
Committee
2
Apr 25, 2025
Signed into law
Approved by Governor 4/25/2025
upper
Apr 12, 2025
Signed into law
Approved by Governor 4/25/2025 - House Journal
lower
Apr 12, 2025
Signed into law
Approved by Governor 4/25/2025 - Senate Journal
upper
Apr 4, 2025
Lower · Passed
Passed House (Roll No. 394)
lower
Apr 2, 2025
Introduced
Introduced in House
lower
Apr 1, 2025
Upper · Passed
Passed Senate (Roll No. 267)
upper
Mar 29, 2025
Upper · Passed
Reported do pass
upper
Mar 20, 2025
Introduced
Introduced in Senate
upper
Mar 20, 2025
Committee
To Judiciary
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Patricia Rucker
RRepublican
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