S.22.2-11: Prison Rape Eradication Act (PASSED)

[fhtagn]

PRISON RAPE ERADICATION ACT

1. It shall be a separate felony punishable by restitution and imprisonment for no less than fifteen (15) years and no more than life for any person who while incarcerated in any jail, prison, or correctional facility in the Southern Region to commit rape, sexual assault, or infected sexual battery. For purposes of this paragraph, infected sexual battery shall include the intentional infection of another person with an STD regardless of means of transmission, or exposing another person to a bodily fluid with the intent that such exposed person be required to recieve a rape or STD test by correctional employees. Any person convicted of an offense in this paragraph shall be isolated from the general population during their period of incarceration. It is the position of the Southern Region that such isolation shall not constitute cruel or unusual punishment. Any person convicted of violating this paragraph shall be required to register as a sex offender and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

2. It shall be a misdemeanor punishable by no more than one (1) year imprisonment for any person who while incarcerated in any jail, prison, or correctional facility in the Southern Region to engage in consensual sexual acts with another incarcerated person. Any person convicted of an offense in this paragraph may be isolated from the sexual partner during their period of incarceration. It is the position of the Southern Region that such isolation shall not constitute cruel or unusual punishment.

3. It shall be a misdemeanor punishable by no more than one (1) year imprisonment for any correctional employees to engage in consensual sexual acts with a person who is incarcerated in any jail, prison, or correctional facility in the Southern Region. If the correctional employee engages in non-consensual criminal sexual acts with an incarcerated person, including committing rape, sexual assault, or infected sexual battery against the incarcerated person, such crime shall be punished according the same general guidelines for such crime. For purposes of this paragraph coercing or threatening an incarcerated person to engage in sexual acts, including but not limited to threats of unfair treatment or supervision during incarceration or denial of privileges during incarceration, shall be deemed a non-consensual criminal sexual act. Any person convicted of an offense in this paragraph may be isolated from the sexual partner during their period of incarceration. It is the position of the Southern Region that such isolation shall not constitute cruel or unusual punishment.

4. If any person who is incarcerated in any jail, prison, or correctional facility in the Southern Region makes known to a correctional employee that he or she believes he or she has been exposed to or infected with an STD, such prisoner shall be tested at no expense. The prisoner shall have the exclusive right to determine to whom the test results are shared with.

5. If any person who is incarcerated in any jail, prison, or correctional facility in the Southern Region becomes pregnant during incarceration, unless the prisoner identifies the father, all former or current male correctional employees at the place of imprisonment shall submit to a paternity test. Any pregnant prisoner shall be afforded appropriate healthcare and protections by the jail, prison, or correctional facility to ensure the safe and healthy development and delivery of the baby. Any baby born to a prisoner shall, within two (2) weeks, be placed into the temporary custody of a guardian according to law. No prisoner who delivers a baby while imprisoned shall have their parental rights permanently terminated merely for being imprisoned at the time of the baby's birth.

6. Any public computer terminal accessible by prisoners in the Southern Region is hereby required to install internet browsing filters to screen out material that is obscene or pornographic or adult entertainment as defined by law. This shall not apply to home arrest.

7. Any library accessible by prisoners in the Southern Region is hereby prohibited from making available any book or material that is obscene or pornographic or adult entertainment as defined by law.  This shall not apply to home arrest.

8. Any prison store, canteen, or exchange operated by any jail, prison, or correctional facility in the Southern Region for the benefit of prisoners is hereby prohibited from selling or making available any book or material that is obscene or pornographic or adult entertainment as defined by law. This shall not apply to home arrest.

9. It is hereby prohibited for any person imprisoned in the Southern Region to possess material that is obscene or pornographic or adult entertainment as defined by law while incarcerated. Any such material discovered by correctional employees shall be confiscated. This shall not apply to home arrest.

10. It is hereby prohibited for any person imprisoned in the Southern Region to call a phone sex hotline while incarcerated. This shall not apply to home arrest.

11. It is hereby prohibited for any jail, prison, or correctional facility in the Southern Region to host, sponsor, permit, or allow any event or entertainment that is obscene or pornographic or adult entertainment as defined by law. This shall not apply to home arrest.

12. No person imprisoned in the Southern region shall be eligible to receive erectile dysfunction medicine while incarcerated. Any erectile dysfunction medicine discovered by correctional employees shall be confiscated. This shall not apply to home arrest.

13. Nothing in this act shall be interpreted as prohibiting any prison, jail, or correctional facility in the Southern Region from maintaining a policy of allowing conjugal visits by spouses to prisoners.

14.  No prisoner in the Southern Region shall be charged a fee for the reasonable use of menstrual products or toilet paper, nor shall any visitor to a jail, prison, or correctional facility in the Southern Region be required to remove or refrain from using any menstrual products while present in such jail, prison, or correctional facility.

15. Title II (6) of the Bessell-NeverAgain Transgender Rights Act of 2017 shall be amended as follows:

Any persons over 18, imprisoned for the above offences, shall be allowed to correct their legal gender, but shall be required to seek approval from a panel consisting of prison staff and medical professionals, and members of the parole board.

16. This act shall take effect on July 1, 2022.

Sponsor: fhtagn

[Mr. Reactionary]

This bill seeks to eliminate prison rape by greatly increasing penalties for rape, sexual assault, and STD infection in prison. It bans sex between staff and prisoners, and between prisoners, requires more compassionate rape test protocols, bans porn and viagra in prison, and protects women prisoners who become pregnant. It also incorporates existing law protecting menstrual products and TP, clarifies that state prisons can choose to allow conjugal visits, and removes the parole board from prisoner medical decisions.

[Senator-elect Spark]

Due to being in favor of protections for women and others in prison to serve their sentence safely, I support this bill.

[fhtagn]

If no one has anything else to add, motioning for a final vote. 24 hours for objections.

[President Punxsutawney Phil]

No objection.

[fhtagn]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[President Punxsutawney Phil]

Aye

[reagente]

aye

[UlmerFudd]

Aye

[Senator-elect Spark]

Aye

[fhtagn]

Aye

[fhtagn]

Since everyone has voted, the bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

PRISON RAPE ERADICATION ACT

1. It shall be a separate felony punishable by restitution and imprisonment for no less than fifteen (15) years and no more than life for any person who while incarcerated in any jail, prison, or correctional facility in the Southern Region to commit rape, sexual assault, or infected sexual battery. For purposes of this paragraph, infected sexual battery shall include the intentional infection of another person with an STD regardless of means of transmission, or exposing another person to a bodily fluid with the intent that such exposed person be required to recieve a rape or STD test by correctional employees. Any person convicted of an offense in this paragraph shall be isolated from the general population during their period of incarceration. It is the position of the Southern Region that such isolation shall not constitute cruel or unusual punishment. Any person convicted of violating this paragraph shall be required to register as a sex offender and shall be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.

2. It shall be a misdemeanor punishable by no more than one (1) year imprisonment for any person who while incarcerated in any jail, prison, or correctional facility in the Southern Region to engage in consensual sexual acts with another incarcerated person. Any person convicted of an offense in this paragraph may be isolated from the sexual partner during their period of incarceration. It is the position of the Southern Region that such isolation shall not constitute cruel or unusual punishment.

3. It shall be a misdemeanor punishable by no more than one (1) year imprisonment for any correctional employees to engage in consensual sexual acts with a person who is incarcerated in any jail, prison, or correctional facility in the Southern Region. If the correctional employee engages in non-consensual criminal sexual acts with an incarcerated person, including committing rape, sexual assault, or infected sexual battery against the incarcerated person, such crime shall be punished according the same general guidelines for such crime. For purposes of this paragraph coercing or threatening an incarcerated person to engage in sexual acts, including but not limited to threats of unfair treatment or supervision during incarceration or denial of privileges during incarceration, shall be deemed a non-consensual criminal sexual act. Any person convicted of an offense in this paragraph may be isolated from the sexual partner during their period of incarceration. It is the position of the Southern Region that such isolation shall not constitute cruel or unusual punishment.

4. If any person who is incarcerated in any jail, prison, or correctional facility in the Southern Region makes known to a correctional employee that he or she believes he or she has been exposed to or infected with an STD, such prisoner shall be tested at no expense. The prisoner shall have the exclusive right to determine to whom the test results are shared with.

5. If any person who is incarcerated in any jail, prison, or correctional facility in the Southern Region becomes pregnant during incarceration, unless the prisoner identifies the father, all former or current male correctional employees at the place of imprisonment shall submit to a paternity test. Any pregnant prisoner shall be afforded appropriate healthcare and protections by the jail, prison, or correctional facility to ensure the safe and healthy development and delivery of the baby. Any baby born to a prisoner shall, within two (2) weeks, be placed into the temporary custody of a guardian according to law. No prisoner who delivers a baby while imprisoned shall have their parental rights permanently terminated merely for being imprisoned at the time of the baby's birth.

6. Any public computer terminal accessible by prisoners in the Southern Region is hereby required to install internet browsing filters to screen out material that is obscene or pornographic or adult entertainment as defined by law. This shall not apply to home arrest.

7. Any library accessible by prisoners in the Southern Region is hereby prohibited from making available any book or material that is obscene or pornographic or adult entertainment as defined by law.  This shall not apply to home arrest.

8. Any prison store, canteen, or exchange operated by any jail, prison, or correctional facility in the Southern Region for the benefit of prisoners is hereby prohibited from selling or making available any book or material that is obscene or pornographic or adult entertainment as defined by law. This shall not apply to home arrest.

9. It is hereby prohibited for any person imprisoned in the Southern Region to possess material that is obscene or pornographic or adult entertainment as defined by law while incarcerated. Any such material discovered by correctional employees shall be confiscated. This shall not apply to home arrest.

10. It is hereby prohibited for any person imprisoned in the Southern Region to call a phone sex hotline while incarcerated. This shall not apply to home arrest.

11. It is hereby prohibited for any jail, prison, or correctional facility in the Southern Region to host, sponsor, permit, or allow any event or entertainment that is obscene or pornographic or adult entertainment as defined by law. This shall not apply to home arrest.

12. No person imprisoned in the Southern region shall be eligible to receive erectile dysfunction medicine while incarcerated. Any erectile dysfunction medicine discovered by correctional employees shall be confiscated. This shall not apply to home arrest.

13. Nothing in this act shall be interpreted as prohibiting any prison, jail, or correctional facility in the Southern Region from maintaining a policy of allowing conjugal visits by spouses to prisoners.

14.  No prisoner in the Southern Region shall be charged a fee for the reasonable use of menstrual products or toilet paper, nor shall any visitor to a jail, prison, or correctional facility in the Southern Region be required to remove or refrain from using any menstrual products while present in such jail, prison, or correctional facility.

15. Title II (6) of the Bessell-NeverAgain Transgender Rights Act of 2017 shall be amended as follows:

Any persons over 18, imprisoned for the above offences, shall be allowed to correct their legal gender, but shall be required to seek approval from a panel consisting of prison staff and medical professionals, and members of the parole board.

16. This act shall take effect on July 1, 2022.