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National Institute of Corrections/ Washington College of Law

National Institute of Corrections/ Washington College of Law . Elements of Good State Laws July 13-18, 2003. Enacting a Law. Context Climate Proponent. Important Policy Decisions . What conduct does the law cover? Which staff does the law target? Will you penalize inmates?

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National Institute of Corrections/ Washington College of Law

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  1. National Institute of Corrections/ Washington College of Law Elements of Good State Laws July 13-18, 2003

  2. Enacting a Law • Context • Climate • Proponent

  3. Important Policy Decisions • What conduct does the law cover? • Which staff does the law target? • Will you penalize inmates? • What agencies are covered by the law? • What are the penalties? • Will you make this a strict liability offense? • Is this a separate statute

  4. What conduct does the law cover? • Sexual assault • Sexual contact • Failure to report

  5. Which staff does the law target? • Correctional officers • Other corrections employees – doctor, counselor, chaplain • Contract employees • Volunteers

  6. Will you penalize the conduct of inmates? • Message sent to inmates • Message sent to staff • Impact on reporting by inmates • Impact on reporting by staff

  7. Prisons Jails Probation Parole Police Community correctional facilities Juvenile detention facilities Juvenile group homes What agencies are covered?

  8. What are the penalties? • Felony • Misdemeanor • Graduated sanctions depending on the severity of the offense and other factors • Fines

  9. Where will you place the statute? • Vulnerable adult statute • State’s general rape statute • Separate statute

  10. Is this a strict liability offense? • Consent • Marriage • Ignorance of status

  11. Things to Remember . . . . . . • You cannot control what passes in the legislature • Absence of law doesn’t mean that states don’t address the issue • Enactment of law does not guarantee enforcement

  12. Things to remember . . . . . . • These cases are a subset of sexual assault cases in general – underreported and underprosecuted • Visible aggressive prosecutions are important – public education, prevention, sanctioning • Relationship is everything – prosecutor, hospital, police, victim assistance

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