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§ 940.225(2)(h), Sexual Assault by Correctional Staff Member – Courthouse Bailiff not “Correctional Staff”

State v. Delano L. Terrell, 2006 WI App 166
For Terrell: Martin E. Kohler, Brian Kinstler, Christopher M. Eippert

Issue: Whether a sheriff’s deputy assigned to work as a court bailiff is a “correctional staff member” so as to come within § 940.225(2)(h).

Holding: A “correctional staff member” is defined as an individual who works at a correctional institution, § 940.225(5)(ad). Terrell was a deputy assigned to work as a courthouse bailiff—a courthouse isn’t a correctional institution, and therefore he doesn’t come within the plain language of the definition. The fact that he processes inmates transported from a correctional institution doesn’t mean that he works at one. “Rather, the plain meaning of the statutory language applies to all those whose ‘work’ is central to the function of a correctional institution, and which takes place within the walls of the correctional institution.”

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