Approved by the Legislative Commissioner

May 29, 2007

AN ACT CONCERNING THE PROSECUTION, REGISTRATION AND MONITORING OF SEXUAL OFFENDERS.

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

Section 1. Section 54-193b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

Notwithstanding the provisions of sections 54-193 and 54-193a, there shall be no limitation of time within which a person may be prosecuted for a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, [not later than twenty years from the date of the commission of the offense,] provided (1) the victim notified any police officer or state's attorney acting in such police officer's or state's attorney's official capacity of the commission of the offense not later than five years after the commission of the offense, and (2) the identity of the person who allegedly committed the offense has been established through a DNA (deoxyribonucleic acid) profile comparison using evidence collected at the time of the commission of the offense.

Sec. 2. Subsection (a) of section 54-251 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor or a nonviolent sexual offense, and is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, and whether or not such person's place of residence is in this state, register such person's name, identifying factors, criminal history record, [and] residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years except that any person who has one or more prior convictions of any such offense or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70 shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a criminal offense against a victim who is a minor or a nonviolent sexual offense, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

Sec. 3. Subsection (a) of section 54-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a sexually violent offense, and (1) is released into the community on or after October 1, 1988, and prior to October 1, 1998, and resides in this state, shall, on October 1, 1998, or within three days of residing in this state, whichever is later, or (2) is released into the community on or after October 1, 1998, shall, within three days following such release or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct, register such person's name, identifying factors [,] and criminal history record, documentation of any treatment received by such person for mental abnormality or personality disorder, and such person's residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct, and shall maintain such registration for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a sexually violent offense, the court shall (A) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (B) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

Sec. 4. Subsection (b) of section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

Sec. 5. Subsection (c) of section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(c) Any person not a resident of this state who is registered as a sexual offender under the laws of any other state and who is employed in this state, carries on a vocation in this state or is a student in this state, shall, without undue delay after the commencement of such employment, vocation or education in this state, register such person's name, identifying factors [,] and criminal history record, locations visited on a recurring basis, [or] and such person's residence address, if any, in this state, [and] residence address in such person's home state and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct and shall maintain such registration until such employment, vocation or education terminates or until such person is released from registration as a sexual offender in such other state. If such person terminates such person's employment, vocation or education in this state, [or] changes such person's address in this state or establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such termination, [or] new address or identifier.

Sec. 6. Subsection (a) of section 54-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any person who has been convicted or found not guilty by reason of mental disease or defect in this state on or after October 1, 1998, of any felony that the court finds was committed for a sexual purpose, may be required by the court upon release into the community or, if such person is in the custody of the Commissioner of Correction, at such time prior to release as the commissioner shall direct to register such person's name, identifying factors, criminal history record, [and] residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Public Safety, on such forms and in such locations as the commissioner shall direct, and to maintain such registration for ten years. If the court finds that a person has committed a felony for a sexual purpose and intends to require such person to register under this section, prior to accepting a plea of guilty or nolo contendere from such person with respect to such felony, the court shall (1) inform the person that the entry of a finding of guilty after acceptance of the plea will subject the person to the registration requirements of this section, and (2) determine that the person fully understands the consequences of the plea. If any person who is subject to registration under this section changes such person's name, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new name. If any person who is subject to registration under this section changes such person's address, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of the new address and, if the new address is in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. If any person who is subject to registration under this section establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier, such person shall, without undue delay, notify the Commissioner of Public Safety in writing of such identifier. If any person who is subject to registration under this section is employed at, carries on a vocation at or is a student at a trade or professional institution or institution of higher learning in this state, such person shall, without undue delay, notify the Commissioner of Public Safety of such status and of any change in such status. If any person who is subject to registration under this section is employed in another state, carries on a vocation in another state or is a student in another state, such person shall, without undue delay, notify the Commissioner of Public Safety and shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders. During such period of registration, each registrant shall complete and return forms mailed to such registrant to verify such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.

Sec. 7. Subsection (a) of section 54-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Any court, the Commissioner of Correction or the Psychiatric Security Review Board, prior to releasing into the community any person convicted or found not guilty by reason of mental disease or defect of a criminal offense against a victim who is a minor, a nonviolent sexual offense, a sexually violent offense or a felony found by the sentencing court to have been committed for a sexual purpose, except a person being released unconditionally at the conclusion of such person's sentence or commitment, shall require as a condition of such release that such person complete the registration procedure established by the Commissioner of Public Safety under sections 54-251, 54-252 and 54-254, as amended by this act. The court, the Commissioner of Correction or the Psychiatric Security Review Board, as the case may be, shall provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, and transmit the completed registration package to the Commissioner of Public Safety who shall enter the information into the registry established under section 54-257. If a court transmits the completed registration package to the Commissioner of Public Safety with respect to a person released by the court, such package need not include identifying factors for such person. In the case of a person being released unconditionally who declines to complete the registration package through the court or the releasing agency, the court or agency shall: (1) Except with respect to information that is not available to the public pursuant to court order, rule of court or any provision of the general statutes, provide to the Commissioner of Public Safety the person's name, date of release into the community, anticipated residence address, if known, and criminal history record, any known treatment history of such person, any electronic mail address, instant message address or other similar Internet communication identifier for such person, if known, and any other relevant information; (2) inform the person that such person has an obligation to register within three days with the Commissioner of Public Safety for a period of ten years following the date of such person's release or for life, as the case may be, [and] that if such person changes such person's address such person shall within five days register the new address in writing with the Commissioner of Public Safety and, if the new address is in another state or if such person is employed in another state, carries on a vocation in another state or is a student in another state, such person shall also register with an appropriate agency in that state, provided that state has a registration requirement for such offenders, and that if such person establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier such person shall, within five days, register such identifier with the Commissioner of Public Safety; (3) provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, as explained to the person under subdivision (2) of this section; and (4) make a specific notation on the record maintained by that agency with respect to such person that the registration requirements were explained to such person and that such person was provided with a written summary of such person's obligations under sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act.

Sec. 8. Subsection (a) of section 54-258 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) (1) Notwithstanding any other provision of the general statutes, except subdivisions (3), [and] (4) and (5) of this subsection, the registry maintained by the Department of Public Safety shall be a public record and shall be accessible to the public during normal business hours. The Department of Public Safety shall make registry information available to the public through the Internet. Not less than once per calendar quarter, the Department of Public Safety shall issue notices to all print and electronic media in the state regarding the availability and means of accessing the registry. Each local police department and each state police troop shall keep a record of all registration information transmitted to it by the Department of Public Safety, and shall make such information accessible to the public during normal business hours.

(2) Any state agency, the Judicial Department, any state police troop or any local police department may, at its discretion, notify any government agency, private organization or individual of registration information when such agency, said department, such troop or such local police department, as the case may be, believes such notification is necessary to protect the public or any individual in any jurisdiction from any person who is subject to registration under section 54-251, 54-252, 54-253 or 54-254, as amended by this act.

(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, state agencies, the Judicial Department, state police troops and local police departments shall not disclose the identity of any victim of a crime committed by a registrant or treatment information provided to the registry pursuant to sections 54-102g and 54-250 to 54-258a, inclusive, as amended by this act, except to government agencies for bona fide law enforcement or security purposes.

(4) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, registration information the dissemination of which has been restricted by court order pursuant to section 54-255, as amended by this act, and which is not otherwise subject to disclosure, shall not be a public record and shall be released only for law enforcement purposes until such restriction is removed by the court pursuant to said section.

(5) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, a registrant's electronic mail address, instant message address or other similar Internet communication identifier shall not be a public record, except that the Department of Public Safety may release such identifier for law enforcement or security purposes in accordance with regulations adopted by the department. The department shall adopt regulations in accordance with chapter 54 to specify the circumstances under which and the persons to whom such identifiers may be released including, but not limited to, providers of electronic communication service or remote computing service, as those terms are defined in section 10 of this act, and operators of Internet web sites, and the procedure therefor.

[(5)] (6) When any registrant completes the registrant's term of registration or is otherwise released from the obligation to register under section 54-251, 54-252, 54-253 or 54-254, as amended by this act, the Department of Public Safety shall notify any state police troop or local police department having jurisdiction over the registrant's last reported residence address that the person is no longer a registrant, and the Department of Public Safety, state police troop and local police department shall remove the registrant's name and information from the registry.

Sec. 9. (NEW) (Effective October 1, 2007) (a) A person is guilty of misrepresentation of age to entice a minor when such person, in the course of and in furtherance of the commission of a violation of section 53a-90a of the general statutes, intentionally misrepresents such person's age.

(b) Misrepresentation of age to entice a minor is a class C felony.

Sec. 10. (NEW) (Effective October 1, 2007) (a) For the purposes of this section:

(1) "Basic subscriber information" means: (A) Name, (B) address, (C) age or date of birth, (D) electronic mail address, instant message address or other similar Internet communication identifier, and (E) subscriber number or identity, including any assigned Internet protocol address;

(2) "Electronic communication" means "electronic communication" as defined in 18 USC 2510, as amended from time to time;

(3) "Electronic communication service" means "electronic communication service" as defined in 18 USC 2510, as amended from time to time;

(4) "Registrant" means a person required to register under section 54-251, 54-252, 54-253 or 54-254 of the general statutes, as amended by this act;

(5) "Remote computing service" means "remote computing service" as defined in section 18 USC 2711, as amended from time to time; and

(6) "Wire communication" means "wire communication" as defined in 18 USC 2510, as amended from time to time.

(b) The Commissioner of Public Safety shall designate a sworn law enforcement officer to serve as liaison between the department and providers of electronic communication services or remote computing services to facilitate the exchange of nonpersonally identifiable information concerning registrants.

(c) Whenever such designated law enforcement officer ascertains from such exchange of nonpersonally identifiable information that there are subscribers, customers or users of such providers who are registrants, such officer shall initiate a criminal investigation to determine if such registrants are in violation of the registration requirements of section 54-251, 54-252, 54-253 or 54-254 of the general statutes, as amended by this act, or of the terms and conditions of their parole or probation by virtue of being subscribers, customers or users of such providers.

(d) Such designated law enforcement officer may request an ex parte order from a judge of the Superior Court to compel a provider of electronic communication service or remote computing service to disclose basic subscriber information pertaining to subscribers, customers or users who have been identified by such provider to be registrants. The judge shall grant such order if the law enforcement officer offers specific and articulable facts showing that there are reasonable grounds to believe that the basic subscriber information sought is relevant and material to the ongoing criminal investigation. The order shall state upon its face the case number assigned to such investigation, the date and time of issuance and the name of the judge authorizing the order. The law enforcement officer shall have any ex parte order issued pursuant to this subsection signed by the authorizing judge within forty-eight hours or not later than the next business day, whichever is earlier.

(e) A provider of electronic communication service or remote computing service shall disclose basic subscriber information to such designated law enforcement officer when an order is issued pursuant to subsection (d) of this section.

(f) A provider of electronic communication service or remote computing service that provides information in good faith pursuant to an order issued pursuant to subsection (d) of this section shall be afforded the legal protections provided under 18 USC 3124, as amended from time to time, with regard to such actions.

Sec. 11. Section 54-259a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) There is established a Risk Assessment Board consisting of the Commissioner of Correction, the Commissioner of Mental Health and Addiction Services, the Commissioner of Public Safety, the Chief State's Attorney, the Chief Public Defender, the chairperson of the Board of Pardons and Paroles, the executive director of the Court Support Services Division of the Judicial Department and the chairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to the judiciary and public safety, or their designees, a victim advocate with experience working with sexual assault victims and sexual offenders appointed by the Governor, a forensic psychiatrist with experience in the treatment of sexual offenders appointed by the Governor and a person trained in the identification, assessment and treatment of sexual offenders appointed by the Governor.

(b) The board shall develop a risk assessment scale that assigns weights to various risk factors including, but not limited to, the seriousness of the offense, the offender's prior offense history, the offender's characteristics, the availability of community supports, whether the offender has indicated or credible evidence in the record indicates that the offender will reoffend if released into the community and whether the offender demonstrates a physical condition that minimizes the risk of reoffending, and specifies the risk level to which offenders with various risk assessment scores shall be assigned.

(c) The board shall use the risk assessment scale to assess the risk of reoffending of each person subject to registration under this chapter, including incarcerated offenders who are within one year of their estimated release date, and assign each such person a risk level of high, medium or low.

(d) The board shall use the risk assessment scale to determine which offenders should be prohibited from residing within one thousand feet of the real property comprising a public or private elementary or secondary school or a facility providing child day care services, as defined in section 19a-77.

[(d)] (e) Not later than [February 1, 2007] October 1, 2007, the board shall submit a report to the joint standing committee of the General Assembly on the judiciary in accordance with section 11-4a setting forth its findings and recommendations concerning: (1) Whether information about sexual offenders assigned a risk level of high, medium or low should be made available to the public through the Internet; (2) the types of information about sexual offenders that should be made available to the public through the Internet which may include, but not be limited to, (A) the name, residential address, physical description and photograph of the registrant, (B) the offense or offenses of which the registrant was convicted or found not guilty by reason of mental disease or defect that required registration under this chapter, (C) a brief description of the facts and circumstances of such offense or offenses, (D) the criminal record of the registrant with respect to any prior convictions or findings of not guilty by reason of mental disease or defect for the commission of an offense requiring registration under this chapter, and (E) the name of the registrant's supervising correctional, probation or parole officer, and contact information for such officer; (3) whether any of the persons assigned a high risk level by the board pursuant to subsection (c) of this section meets the criteria for civil commitment pursuant to section 17a-498; (4) whether additional restrictions should be placed on persons subject to registration under this chapter such as curfews and intensive monitoring on certain holidays; [and] (5) whether persons convicted of a sexual offense who pose a high risk of reoffending should be required to register under this chapter regardless of when they were convicted or released into the community; and (6) whether persons determined to be guilty with adjudication withheld in any other state or jurisdiction of any crime the essential elements of which are substantially the same as any of the crimes specified in subdivisions (2), (5) and (11) of section 54-250 should be required to register under this chapter.

Sec. 12. Subsections (a) and (b) of section 54-255 of the general statutes are repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(a) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person for a violation of section 53a-70b, the court may order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety and that publication of the registration information would be likely to reveal the identity of the victim within the community where the victim resides. The victim may at any time petition the court to remove the restriction on the dissemination of such registration information and to make such registration information available to the public. The court shall remove the restriction on the dissemination of such registration information if, at any time, the court finds that public safety requires that such person's registration information be made available to the public or that a change of circumstances makes publication of such registration information no longer likely to reveal the identity of the victim within the community where the victim resides. Prior to ordering or removing the restriction on the dissemination of such person's registration information, the court shall consider any information or statements provided by the victim.

(b) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21, the court may order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety and that publication of the registration information would be likely to reveal the identity of the victim within the community where the victim resides. The victim may at any time petition the court to remove the restriction on the dissemination of such registration information and to make such registration information available to the public. The court shall remove the restriction on the dissemination of such registration information if, at any time, it finds that public safety requires that such person's registration information be made available to the public or that a change in circumstances makes publication of the registration information no longer likely to reveal the identity of the victim within the community where the victim resides.

Sec. 13. Subsection (b) of section 17a-101 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

(b) The following persons shall be mandated reporters: Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, licensed practical nurse, medical examiner, dentist, dental hygienist, psychologist, coach of intramural or interscholastic athletics, school teacher, school principal, school guidance counselor, school paraprofessional, school coach, social worker, police officer, juvenile or adult probation officer, juvenile or adult parole officer, member of the clergy, pharmacist, physical therapist, optometrist, chiropractor, podiatrist, mental health professional or physician assistant, any person who is a licensed or certified emergency medical services provider, any person who is a licensed or certified alcohol and drug counselor, any person who is a licensed marital and family therapist, any person who is a sexual assault counselor or a battered women's counselor as defined in section 52-146k, any person who is a licensed professional counselor, any person paid to care for a child in any public or private facility, child day care center, group day care home or family day care home licensed by the state, any employee of the Department of Children and Families, any employee of the Department of Public Health who is responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps, the Child Advocate and any employee of the Office of Child Advocate and any person paid to service or repair personal computers.

Sec. 14. Section 17a-101a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2007):

Any mandated reporter, as defined in section 17a-101, as amended by this act, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years (1) has been abused or neglected, as defined in section 46b-120, (2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or (3) is placed at imminent risk of serious harm, shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive. Any person required to report under the provisions of this section who fails to make such report shall be fined not less than five hundred dollars [nor] or more than two thousand five hundred dollars and shall be required to participate in an educational and training program pursuant to subsection (d) of section 17a-101.

Sec. 15. Subsection (b) of section 54-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(b) Whenever a person is convicted or found not guilty by reason of mental disease or defect of an offense that will require such person to register under section 54-251, 54-252 or 54-254, as amended by this act, the [court] state's attorney for the judicial district in which the offense was committed shall provide to the Department of Public Safety a written summary of the offense that includes the age and sex of any victim of the offense and a specific description of the offense. Such summary shall be added to the registry information made available to the public through the Internet.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either chamber thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill eliminates the statute of limitations for certain offenses provided that the perpetrator is identified by DNA and the victim notified the police or a prosecutor of the offense within five years of its commission. Since few such cases are anticipated, any marginal cost to state agencies under this provision of the bill is anticipated to be minimal.

The bill makes it a felony to misrepresent one's age over the Internet to entice a minor. To the extent that this change increases the likelihood that offenders would be prosecuted or receive harsher penalties, a potential revenue gain from criminal fines and potential cost for incarceration and/or probation supervision in the community exist. Few fines would be imposed on an annual basis, and, consequently, any revenue gain under the bill would be minimal. On average, it costs the state about $2,500 annually to supervise an offender on probation in the community as compared to $41,600 to incarcerate an offender.

The bill requires registered sex offenders to notify the Department of Public Safety whenever the sex offender establishes or changes an electronic mail address, instant message address or other similar Internet communication identifier. The Department of Public Safety could incur a minimal cost associated with the collection of internet communication information.

House Amendment “A” added provisions that: (1) make it a felony to misrepresent one's age over the Internet to entice a minor; and (2) require registered sex offenders to notify the Department of Public Safety when they establish or change any Internet communication identifier.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

HB 7085 (as amended by House “A”)*

AN ACT CONCERNING THE STATUTE OF LIMITATIONS FOR PROSECUTION OF CERTAIN SEXUAL ASSAULT OFFENSES USING DNA EVIDENCE.

SUMMARY:

This bill eliminates the statutes of limitations for violations of the six most serious sexual assault crimes under certain circumstances.

The bill establishes a new crime of misrepresentation of age to entice a minor. A person commits this crime when he or she misrepresents his or her age to entice a minor in violation of the law (see BACKGROUND). Misrepresentation of age to entice a minor is a class C felony, punishable by up to 10 years in prison, a $10,000 fine, or both.

The bill requires sex offenders to register their e-mail and instant message addresses and other similar Internet communication identifiers, limits the disclosure of this information, and requires the Department of Public Safety (DPS) to adopt regulations on disclosure. It requires DPS to designate a liaison between the department and electronic communication and remote computing service providers to facilitate the exchange of registered sex offender's nonpersonally identifiable Internet information.

The bill extends the Risk Assessment Board's reporting deadline, expands the information that must be included in the report, and requires the board to determine the sex offenders who should be subjected to residency restrictions.

It allows crime victims to remove restrictions, placed to protect their privacy, on access to sex offender information.

Lastly, it adds to the list of mandated child abuse reporters.

*House Amendment “A” adds the new crime and the provisions on (1) sex offenders, (2) a law enforcement liaison, (3) the Risk Assessment Board, and (4) mandated reporters.

EFFECTIVE DATE: October 1, 2007, except that the provision on the Risk Assessment Board is effective upon passage and the provisions on the statute of limitations and DPS summary are effective on July 1, 2007.

STATUTE OF LIMITATIONS IN SEXUAL ASSAULT CASES

This bill allows violators of the six most serious sexual assault crimes to be prosecuted at any time, rather than within 20 years after the crime, if the perpetrator is identified by DNA and the victim notified the police or a prosecutor of the offense within five years of its commission.

The provision applies to first-degree sexual assault, aggravated first-degree sexual assault, sexual assault in a spousal or cohabiting relationship, second-degree sexual assault, and third-degree sexual assault, with or without a firearm.

SEX OFFENDER REGISTRATION INFORMATION

Registration Requirements

The bill requires sex offenders who are required to register with DPS to register their e-mail and instant message addresses and any other similar Internet communication identifiers in the same way that they register their names, identifying factors, criminal history records, and residential addresses.

By law, anyone convicted or found not guilty by reason of mental disease or defect of a criminal offense against a minor, nonviolent sexual offense, sexually violent offense, or felony committed for a sexual purpose must register with DPS within three days of his release into the community. He must go to a location designated by the DPS commissioner and register, on forms the commissioner has developed, his name, identifying factors, criminal history record, and residential address. Offenders convicted of a sexually violent offense must also document any treatment they received for mental abnormalities or personality disorders.

If the registrant moves, he or she must register the new address with the commissioner, in writing, without undue delay. Under the bill, the registrant must follow the same procedure for changes in e-mail and instant message addresses.

Court and State Agencies Duties Regarding Registration

The bill requires courts, the Department of Correction, and the Psychiatric Security Review Board to submit to the DPS Commissioner the e-mail and instant message addresses and any other similar Internet communication identifier of sex offenders who are released from custody without conditions and who refuse to submit their own registration. The court and agencies must submit the information in the same manner that they currently submit offenders' names, identifying factors, criminal history records, and residential addresses.

The court and these agencies must also inform offenders of their duties to update this information, including the duty to report if they establish or change any of these Internet communication identifiers.

Public Access to Sex Offenders' Internet Information

The bill specifies that sex offender registrants' e-mail and instant message addresses and any other similar Internet communication identifiers are not public records. However, DPS may release them for law enforcement or security purposes in accordance with regulations. The bill requires DPS to adopt regulations that specify when the information may be disclosed, to whom, and the procedure for doing so. Electronic communication and remote computing service providers and Internet web site operators must be included among potential recipients (see BACKGROUND).

Victims' Access to Sex Offender Information

By law, the court may restrict the disclosure of certain sexual offender registration information to protect victims' identities. Beginning July 1, 2007, any court that exercises this discretion must provide DPS with a summary of the crime the offender committed and DPS must place the summary on the Internet. The bill permits crime victims to petition the court at any time to remove the restrictions. It also shifts the responsibility to provide DPS with the summary from the court to the prosecutor for the district where the offense was committed.

LAW ENFORCEMENT LIAISON TO ELECTRONIC COMMUNICATION PROVIDERS

The bill requires the DPS commissioner to designate a sworn police officer to serve as a liaison between the department and electronic communication and remote computing service providers to facilitate the exchange of registrants' nonpersonally identifiable information. “Electronic communication service” and “remote computing service” have the same meaning as they do under the federal law on wire and electronic communications, as amended from time to time (see BACKGROUND).

Whenever the liaison learns from this exchanged information that sex offenders are subscribers, customers, or users of the providers, he must initiate a criminal investigation to determine if their status as such violates a registration requirement or the terms and conditions of their parole or probation.

The liaison may request a judge to issue an ex parte order compelling a provider to disclose a sex offender's name; address; age or date of birth; e-mail address, instant message address, or other similar Internet communication identifier; and subscriber number or identity, including any assigned Internet protocol address (i.e., basic subscriber information). The judge must grant the order if the liaison offers specific and articulable facts that constitute reasonable grounds for believing the basic subscriber information is relevant and material to the ongoing criminal investigation.

The order must state the investigation's case number, the name of the judge issuing the order, and the date and time of issuance. The judge must sign the order within 48 hours of its issuance or the next business day, whichever is earlier.

The provider must disclose the information to the liaison pursuant to the order. A provider that discloses the information in good faith pursuant to an order has the same protection he has under federal law (18 USC § 3124) as amended from time to time. This means the provider cannot be sued for the disclosure and may use his or her good faith reliance on the court order as a complete defense against any civil or criminal action.

RISK ASSESSMENT BOARD

By law, the Risk Assessment Board must develop a risk assessment scale and use it to assign a risk level of high, medium, or low to each registered sex offender based on his or her likelihood to reoffend. It must also submit a report to the Judiciary Committee on its findings and recommendations on (1) the sex offenders who should appear on the Internet and the detailed information that should accompany the posting and (2) the need for additional restrictions on this population, including civil commitment.

The bill requires the board to use the risk assessment scale to determine the sex offenders who should be prohibited from residing within 1,000 feet of the property comprising an elementary or secondary school or a licensed center- or home-based child day care facility.

It extends, from February 1, 2007 to October 1, 2007, the deadline for the board to submit its report. It expands the information the board must include in the report by requiring recommendations on whether a person found guilty of an offense in another state that would require registration in this state must register in Connecticut if final judgment was never entered in the other state.

MANDATED REPORTERS

The bill adds people who service or repair personal computers to the list of mandated child abuse reporters. A mandated reporter must report to the Department of Children and Families (DCF) when, acting in his or her professional capacity, he or she has reasonable cause to suspect that a child under age 18 has been abused, neglected, or is at risk of abuse or neglect.

BACKGROUND

Enticing a Minor

A person is guilty of enticing a minor when he or she uses interactive computer services to knowingly persuade or entice a victim under age 16 to engage in prostitution or other sexual activity which would subject the actor to criminal prosecution.

Definitions

“Electronic communication service” means any service which provides to users the ability to send or receive wire or electronic communications. “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photooptical system that affects interstate or foreign commerce. It does not include (1) any wire or oral communication, (2) any communication made through a tone-only paging device, (3) any communication from a tracking device, or (4) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds (18 USC § 2710).

“Remote computing service” means the provision to the public of computer storage or processing services by an electronic communications system (18 USC § 2711).

Restriction on Public Disclosure of Sex Offender Information

A court may restrict dissemination of sex offender information to law enforcement purposes only if the offender is convicted or found not guilty by reason of mental defect or disease of certain sexual assault crimes and the court finds dissemination (1) is not required for public safety and (2) would likely reveal the victim's identity within his or her community. The court's discretion applies in cases of sexual assault between close relatives and sexual assault in spousal or cohabitating relationships.

Beginning July 1, 2007, the law requires the court to give DPS a written summary that specifically describes each offense and the age and sex of the crime victim. The department must add the summary to the sex offender registry information available to the public on the Internet.

Risk Assessment Board

In addition to the report to the Judiciary Committee, the 18-member board must develop a risk assessment scale and use it to assign a risk level of high, medium, or low to each sex offender required to register, based on his likelihood to reoffend.

The board consists of a forensic psychiatrist experienced in sex offender treatment appointed by the governor; a person trained in the identification, assessment, and treatment of sex offenders appointed by the governor; and the following state officials or their designees:

1. correction, mental health and addiction services, and public safety commissioners;

2. chief state's attorney;

3. chief public defender;

4. chairperson of the Board of Pardons and Parole;

5. victim advocate;

6. executive director of the Judicial Department's Court Support Services Division; and

7. chairpersons and ranking members of the Judiciary and Public Safety committees.

Mandated Reporters

The following people are mandated reporters:

1. licensed physicians and surgeons, medical residents, physician assistants, dentists, and dental hygienists;

2. registered nurses and licensed practical nurses;

3. medical examiners, pharmacists, physical therapists, optometrists, chiropractors, and podiatrists;

4. psychologists, social workers, and licensed marital and family therapists;

5. school teachers, principals, guidance counselors, and paraprofessionals;

6. police officers;

7. clergy;

8. mental health professionals and licensed substance abuse counselors;

9. sexual assault and battered women's counselors;

10. child care providers in licensed facilities; and

11. DCF employees, the Child Advocate, Office of Child Advocate employees, and Department of Public Health employees who license child care centers and camps.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable