Connecticut Seal

Substitute House Bill No. 6893

Public Act No. 05-178

AN ACT CONCERNING THE CRIMINAL JUSTICE INFORMATION SYSTEM GOVERNING BOARD.

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

Section 1. Section 54-142q of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2005):

(a) As used in this section, (1) "governing board" means the Criminal Justice Information System Governing Board established in this section, and (2) "offender-based tracking system" means the information system described in subsection (b) of this section.

[(a)] (b) There shall be a Criminal Justice Information System Governing Board [, hereinafter referred to as the governing board,] which shall be within the Office of Policy and Management for administrative purposes only. The governing board shall oversee an information system that enables, as determined by the governing board and subject to this chapter, criminal justice agencies, as defined in subsection (b) of section 54-142g, and the Division of Public Defender Services to share criminal history record information, as defined in subsection (a) of section 54-142g, and to access electronically maintained offender and case data involving felonies, misdemeanors, violations, motor vehicle violations, motor vehicle offenses for which a sentence to a term of imprisonment may be imposed, and infractions. [For purposes of this section, "offender-based tracking system" shall mean such information system. ]

[(b)] (c) The governing board shall be composed of the Chief Court Administrator, who shall serve as chairperson, the Commissioner of Public Safety, the Commissioner of Emergency Management and Homeland Security, the Secretary of the Office of Policy and Management, the Commissioner of Correction, the chairperson of the Board of Pardons and Paroles, the Chief State's Attorney, the Chief Public Defender, the Chief Information Officer of the Department of Information Technology, the Victim Advocate, the Commissioner of Motor Vehicles and the president of the Connecticut Police Chiefs Association. Each member of the governing board may appoint a designee who shall have the same powers as such member.

[(c)] (d) The governing board shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary. A majority of the members shall constitute a quorum for the transaction of business.

[(d)] (e) The duties and responsibilities of the governing board shall be to: (1) Oversee the operations and administration of the offender-based tracking system; (2) establish such permanent and ad hoc committees as it deems necessary, with appointments to such committees not restricted to criminal justice agencies; (3) recommend any legislation necessary for implementation, operation and maintenance of the offender-based tracking system; (4) establish and implement policies and procedures to meet the system-wide objectives, including the provision of appropriate controls for data access and security; and (5) perform all necessary functions to facilitate the coordination and integration of the offender-based tracking system.

[(e)] (f) A member of the governing board, a member of a permanent or an ad hoc committee established by the governing board, and any person operating and administering the offender-based tracking system shall be deemed to be "state officers and employees" for the purposes of chapter 53 and section 5-141d.

[(f)] (g) Information that may be accessed by the Division of Public Defender Services pursuant to subsection (a) of this section shall be limited to: (1) Conviction information, as defined in subsection (c) of section 54-142g, (2) information that is otherwise available to the public, and (3) information, including no conviction information, concerning a client whom the division has been appointed by the court to represent and is representing at the time of the request for access to such information.

Sec. 2. (NEW) (Effective October 1, 2005) (a) Any data in the offender-based tracking system, as defined in section 54-142q of the general statutes, as amended by this act, shall be available to the Chief Information Officer of the Department of Information Technology and the executive director of a division of or unit within the Judicial Department that oversees information technology or to such persons' designees for the purpose of maintaining and administering such system.

(b) Any data in such system from an information system of a criminal justice agency, as defined in subsection (b) of section 54-142g of the general statutes, that is available to the public under the provisions of the Freedom of Information Act, as defined in section 1-200 of the general statutes, shall be obtained from the agency from which such data originated. The Secretary of the Office of Policy and Management shall provide to any person who submits a request for such data to the Criminal Justice Information System Governing Board, pursuant to said act, the name and address of the agency from which such data originated.

Approved July 1, 2005