Substitute House Bill No. 5042

Public Act No. 01-11

AN ACT RESTORING VOTING RIGHTS OF CONVICTED FELONS WHO ARE ON PROBATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 9-45 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The [Judicial Department] Commissioner of Correction shall, on or before the fifteenth day of each month, transmit to the Secretary of the State a list of all persons who, during the preceding calendar month, have been convicted in the Superior Court of [any crime for which the privileges of an elector are forfeited] a felony and committed to the custody of the Commissioner of Correction for confinement in a correctional institution or facility or a community residence. Such lists shall include the names, birth dates and addresses of such persons, with the dates of their conviction and the crimes of which such persons have been convicted. The Secretary of the State shall transmit such lists to the registrars of the towns in which such convicted persons resided at the time of their conviction and to the registrars of any towns where the secretary believes such persons may be electors. The registrars of such towns shall compare the same with the list of electors upon their registry lists and, after written notice mailed by certified mail to each of the persons named at [his] the last-known place of address of such person, shall erase such names from the registry lists in their respective towns or voting districts.

(b) Any person who procures [himself] such person or another to be registered after having been disfranchised by reason of conviction of crime and committed to the custody of the Commissioner of Correction for confinement in a correctional institution or facility or a community residence, and any person who votes at any election after having forfeited [his] such privileges by reason of conviction of crime and confinement, shall be fined not more than five hundred dollars and imprisoned not more than one year.

Sec. 2. Section 9-46 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person shall forfeit [his] such person's right to become an elector and [his] such person's privileges as an elector upon conviction of a felony and committal to the custody of the Commissioner of Correction for confinement in a correctional institution or facility or a community residence, committal to confinement in a federal correctional institution or facility, or committal to the custody of the chief correctional official of any other state or a county of any other state for confinement in a correctional institution or facility or a community residence in such state or county.

(b) No person who has forfeited and not regained [his] such person's privileges as an elector, as provided in section 9-46a, as amended by this act, may be a candidate for or hold public office.

Sec. 3. Section 9-46a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) A person who has been convicted of a felony and committed to confinement in a federal or other state correctional institution or facility or community residence shall have [his] such person's electoral privileges restored upon submission of written or other satisfactory proof to the admitting official before whom [he] such person presents his or her qualifications to be admitted as an elector, that all fines in conjunction with the conviction have been paid and that [he] such person has been discharged from confinement, and, if applicable, parole. [or probation, as the case may be.]

(b) Upon the release from confinement in a correctional institution or facility or a community residence of a person who has been convicted of a felony and committed to the custody of the Commissioner of Correction and, if applicable, the discharge of such person from parole, (1) the person shall have the right to become an elector, (2) the Commissioner of Correction shall give the person a document certifying that the person has been released from such confinement and, if applicable, has been discharged from parole, (3) if the person was an elector at the time of such felony conviction and, after such release and any such discharge, is residing in the same municipality in which the person resided at the time of such felony conviction, the person's electoral privileges shall be restored upon submitting to an admitting official such document or other satisfactory proof that the person has been released from such confinement and, if applicable, discharged from parole, and (4) if the person was an elector at the time of such felony conviction and, after such release and any such discharge, is residing in a different municipality or if the person was not an elector at the time of such felony conviction, the person's electoral privileges shall be restored or granted upon submitting to an admitting official (A) satisfactory proof of the person's qualifications to be admitted as an elector, and (B) such document or other satisfactory proof that the person has been released from confinement and, if applicable, discharged from parole. The provisions of subdivisions (1) to (4), inclusive, of this subsection shall not apply to any person convicted of a felony for a violation of any provision of title 9 until such person has been discharged from any parole or probation for such felony.

[(b)] (c) The registrars of voters of the municipality in which a person is admitted as an elector pursuant to subsection (a) or (b) of this section, within thirty days after the date on which such person is admitted, shall notify the registrars of voters of the municipality wherein such person resided at the time of [his] such person's conviction that [his] such person's electoral rights have been so restored. [to him.]

[(c)] (d) The [Judicial Department, the] Commissioner of Correction [and the Board of Parole] shall establish procedures to inform those persons who have been convicted of a felony [, have been under the jurisdiction of said department, commissioner or board] and committed to the custody of said commissioner for confinement in a correctional institution or facility or a community residence, and are eligible to have their electoral privileges restored or granted pursuant to subsection [(a)] (b) of this section, of the right and procedures to have such privileges restored. The Office of Adult Probation shall, within available appropriations, inform such persons who are on probation on the effective date of this section of their right to become electors and procedures to have their electoral privileges restored, which shall be in accordance with subsections (b) and (c) of this section.

(e) The Commissioner of Correction shall, on or before the fifteenth day of each month, transmit to the Secretary of the State a list of all persons convicted of a felony and committed to the custody of said commissioner and who, during the preceding calendar month, have been released from confinement in a correctional institution or facility or a community residence and, if applicable, discharged from parole. Such lists shall include the names, birth dates and addresses of such persons, with the dates of their convictions and the crimes of which such persons have been convicted. The Secretary of the State shall transmit such lists to the registrars of the municipalities in which such convicted persons resided at the time of their convictions and to the registrars of any municipalities where the secretary believes such persons may be electors.

Sec. 4. This act shall take effect January 1, 2002.

Approved May 4, 2001