Introduced by Representatives Heath of Westford and Lippert of Hinesburg
Subject: Crimes; sexual assault; sexual exploitation of an inmate
Statement of purpose: This bill proposes to prohibit sexual acts between (1) an inmate and an employee of the department of corrections, and (2) a person in the community who is under the supervision of the department and any departmental employee who is in a direct supervisory relationship with that person. A person is considered to have a “direct supervisory relationship” with the supervisee if he or she has the authority to affect the supervisee’s status.
AN ACT RELATING TO SEXUAL EXPLOITATION OF AN INMATE
It is hereby enacted by the General Assembly of the State of Vermont:
§ 3257. SEXUAL EXPLOITATION OF AN INMATE
(a) No correctional employee, contractor, or other person providing services to offenders on behalf of the department of corrections or pursuant to a court order or in accordance with a condition of parole, probation, supervised community sentence, or furlough shall knowingly engage in a sexual act with a person:
(1) who is confined to a correctional facility; or
(2) who is being supervised by the department of corrections while on parole, probation, supervised community sentence, or furlough, where the employee, contractor, or other service provider is currently engaged in a direct supervisory relationship with the person being supervised. For purposes of this subdivision, a person is engaged in a direct supervisory relationship if he or she has the authority to:
(A) revoke or recommend revocation of the supervisee’s parole, probation, supervised community sentence, or furlough status; or
(B) change or recommend changes to the conditions under which the supervisee has been placed in or released into the community.
(b) A person who violates subsection (a) of this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.
The Vermont General Assembly
115 State Street