Kimberly Bender's law increases penalties for custodial misconduct

OLYMPIA — On March 30, Gov. Jay Inslee signed into law an act that increases the penalties for the crime of custodial sexual misconduct in the second degree.

Substitute Senate Bill 5033 changes the classification of second-degree custodial sexual misconduct from a gross misdemeanor to a class C felony. The change increases the maximum confinement from 364 days to five years, and the maximum fine from $5,000 to $10,000.

The change also means that those found guilty of custodial sexual misconduct in the second degree would serve their sentence in a state correctional facility instead of a county jail, according to Moses Lake Police Chief Kevin Fuhr.

Custodial sexual misconduct can be committed in two ways, according to the House Bill report. The offense is committed in the first degree when a person has sexual intercourse with another person in the following circumstances, when:

1. the victim is a resident of a state, county, or city adult or juvenile correctional facility or under correctional supervision; and the perpetrator is an employee or contract personnel of a correctional agency, and the perpetrator has,
2. or the victim reasonably believes the perpetrator has the ability to influence the terms, conditions, length, or fact of incarceration or correctional supervision; or the victim is being detained, under arrest, or in the custody of a law enforcement officer and the perpetrator is a law enforcement officer.

The offense is committed in the second degree when a person, in one of the circumstances

described above, has sexual contact with another person, the report states.

The bill passed the Senate Feb. 27 and passed the House March 22. Both were unanimous votes.

An amendment on Feb. 2 added that the act may be known and cited as Kimberly Bender's law. The staff summary of public testimony from the House Bill Report states that the idea for this bill came from events involving a corrections officer assaulting several women confined in jail. An officer received a light sentence of 13 months despite assaulting numerous women, including one woman, Kimberly Bender, who may have been assaulted and ultimately did commit suicide. Bender had recounted to her family the experiences she had while under the custodial care of the corrections officer.

The staff summary of the public testimony also stated:

“The offense of custodial misconduct is unique because of the power dynamics between a custodial person in charge of and controlling the person under their care. These power dynamics create an opportunity to use this power to exploit persons under one's care. This policy gives meaning and protection to victims, as well as a way to create accountability for those engaged in this behavior. The vast majority of people working in our institutions do great and heroic work. It is one person who can ruin the respect and appreciation for the

system; it just takes a bad actor. This bill is needed to enhance sentencing to better deter custodial sexual misconduct. The system has protected and emboldened officers and there is not sufficient accountability.”

SB 5033, sponsored by Sen. Mike Padden, R-Spokane Valley, takes effect July 23.

Rebecca Pettingill may be reached at rpettingill@columbiabasinherald.com.