
May 16, 2005 |
2005-R-0477 | |
CONNECTICUT SEX OFFENDER REGISTRATION LAW AND FEDERAL INITIATIVE | ||
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By: Susan Price, Principal Legislative Analyst | ||
You asked for a description of Connecticut’s sex offender registry law and whether there are any new federal initiatives since the recent murders of three young Florida girls by known sex offenders.
SUMMARY
Connecticut’s sex offender registry law (CGS §§ 54-250 to 54-261) applies, with some exceptions, to persons convicted, or acquitted by reason of insanity, of four types of offenses: criminal offenses against a victim who is a minor, nonviolent sexual offenses, and violent sexual offenses. Additionally, court may require people to register if they are convicted of felonies committed for sexual purposes. Depending on the severity of the crime, people must register for either 10 years or life.
A bill (HR 1505) has been introduced in Congress that would require states seeking federal funds to send offenders address verification notices on a random basis. It would also subject offenders who repeatedly violate registration requirements to electronic monitoring.
CONNECTICUT REGISTRATION LAW
Crimes Requiring Registration
Connecticut requires offenders to register who are convicted of the following crimes against minors:
1. risk of injury to a minor involving contact with the intimate parts of someone under age 16;
2. first-degree sexual assault involving sexual intercourse with someone under age 13;
3. second-degree sexual assault involving sexual intercourse with (a) someone age 13 to 15, (b) someone under age 18 if the actor is the person's guardian, and (c) a student if the offender is a school employee;
4. third-degree sexual assault involving sexual intercourse with a relative;
5. promoting prostitution with someone under age 16 (first degree);
6. promoting prostitution with someone age 16 or 17 (second degree);
7. employing or promoting a minor in an obscene performance;
8. importing or possessing child pornography; and
9. first- or second-degree kidnapping, first- or second-degree unlawful restraint, or public indecency when the court finds that the victim is under age 18.
Registration is also required of people convicted of fourth-degree sexual assault, which generally involves nonviolent sexual contact with specified vulnerable victims.
Lastly, offenders convicted of the following sexually violent offenses must register:
1. first-degree sexual assault, other than the portion covered under crimes against a minor;
2. first-degree aggravated sexual assault;
3. sexual assault in a spousal or cohabiting relationship;
4. second-degree sexual assault, other than the portion covered under crimes against minors;
5. third-degree sexual assault, other than the portion covered under crimes against minors;
6. third-degree sexual assault with a firearm; and
7. first-degree kidnapping with or without a firearm if the court finds that the offense was committed with the intent of sexually violating or abusing the victim.
Registration Procedure And Exemptions
Anyone convicted or found not guilty by reason of mental disease or defect of one of the above-stated crimes and released into the community must register with the public safety commissioner. They must continue to register even if they move out-of-state. A judge may require a person to register if the judge finds that he committed a felony to engage in sexual contact or intercourse without the victim's consent.
The court may exempt certain offenders who have committed crimes against minors from the registration requirement if it finds that public safety does not warrant it. These potential exemptions apply to someone (1) under age 19 who is convicted of second-degree sexual assault for having sexual intercourse with someone age 13 to 15 or (2) convicted of fourth-degree sexual assault for having sexual contact with someone without consent.
Registration Duration
Offenders of sexually violent crimes must register for life while offenders of crimes against minors or nonviolent sexual acts must register for 10 years. The Department of Public Safety may temporarily suspend the registration of offenders while they are (1) incarcerated, (2) civilly committed, or (3) residing outside the state.
Community Notification
Any state agency may notify a governmental agency, private organization, or individual of registration information when the agency believes it necessary to protect the public or any particular individual from a registered offender.
RECENT FEDERAL INITIATIVE: JESSICA LUNSFORD ACT
On April 6, 2005 U. S. Representative Ginny Brown-Waite introduced the “Jessica Lunsford Act,” named after one of the murdered Florida girls. The bill would amend the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Program (P. L. 03-322). This is the federal law specifying what state sex offender registration programs must contain in order to be eligible for federal funding.
The bill would require states to randomly send address confirmation forms to sex offenders’ last known addresses and to give the offender’s registration information to his probation and parole officers. It would also mandate electronic monitoring of offenders with two or more violations of the registration laws (including failure to notify state officials of address or employment changes). Sexually violent predators must wear location-transmitting devices (such as anklets) for at least 10 years; other offenders must do so for at least five years.
State Compliance
The bill requires states to implement the random address confirmation and probation notification provisions within 12 months of passage. The electronic monitoring provisions must be in place within 18 months. States that fail to do so lose 10% of their federal allotment for sex offender registration programs. The money would be reallocated to states that do comply.
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