Sec. 54-84a. Testimony against spouse. (a) Except as provided in subsection (b)
of this section, in any criminal proceeding, a person may elect or refuse to testify against
his or her then lawful spouse.
(b) The testimony of a spouse may be compelled, in the same manner as for any
other witness, in a criminal proceeding against the other spouse for (1) joint participation
with the spouse in criminal conduct, (2) bodily injury, sexual assault or other violence
attempted, committed or threatened upon the spouse, or (3) bodily injury, sexual assault,
risk of injury pursuant to section 53-21, or other violence attempted, committed or
threatened upon the minor child of either spouse, or any minor child in the care or
custody of either spouse.
(P.A. 80-313, S. 45; P.A. 11-152, S. 14.)
History: (Revisor's note: This section was formerly part of Sec. 54-84. See Sec. 54-84 History re P.A. 80-313. In 1993
obsolete reference to repealed Sec. 53-25 was deleted editorially by the Revisors); P.A. 11-152 replaced former provisions
with Subsec. (a) authorizing person to elect or refuse to testify against then lawful spouse in any criminal proceeding and
Subsec. (b) re when testimony of spouse may be compelled.
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Sec. 54-84b. Testimony of spouse re confidential communications. (a) For the
purposes of this section, "confidential communication" means any oral or written communication made between spouses during a marriage that is intended to be confidential
and is induced by the affection, confidence, loyalty and integrity of the marital relationship.
(b) Except as provided in subsection (c) of this section, in any criminal proceeding,
a spouse shall not be (1) required to testify to a confidential communication made by
one spouse to the other during the marriage, or (2) allowed to testify to a confidential
communication made by one spouse to the other during the marriage, over the objection
of the other spouse.
(c) The testimony of a spouse regarding a confidential communication may be compelled, in the same manner as for any other witness, in a criminal proceeding against
the other spouse for (1) joint participation with the spouse in what was, at the time the
communication was made, criminal conduct or conspiracy to commit a crime, (2) bodily
injury, sexual assault or other violence attempted, committed or threatened upon the
spouse, or (3) bodily injury, sexual assault, risk of injury pursuant to section 53-21, or
other violence attempted, committed or threatened upon the minor child of either spouse,
or any minor child in the care or custody of either spouse.
(P.A. 11-152, S. 15.)
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Sec. 54-102g. Blood or other biological sample required from certain arrested
or convicted persons for DNA analysis. (a) Whenever any person is arrested on or
after October 1, 2011, for the commission of a serious felony and, prior to such arrest,
has been convicted of a felony but has not submitted to the taking of a blood or other
biological sample for DNA (deoxyribonucleic acid) analysis pursuant to this section,
the law enforcement agency that arrested such person shall, as available resources allow,
require such person to submit to the taking of a blood or other biological sample for DNA
(deoxyribonucleic acid) analysis to determine identification characteristics specific to
the person. If the law enforcement agency requires such person to submit to the taking
of such blood or other biological sample, such person shall submit to the taking of such
sample prior to release from custody and at such time and place as the agency may
specify. For purposes of this subsection, "serious felony" means a violation of section
53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-55, 53a-55a, 53a-56, 53a-56a, 53a-56b, 53a-57, 53a-59, 53a-59a, 53a-60, 53a-60a, 53a-60b, 53a-60c, 53a-70, 53a-70a, 53a-70b,
53a-72b, 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-100aa, 53a-101, 53a-102, 53a-102a, 53a-103a, 53a-111, 53a-112, 53a-134, 53a-135, 53a-136, 53a-167c, 53a-179b,
53a-179c or 53a-181c.
(b) Any person who has been convicted of a criminal offense against a victim who
is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are
defined in section 54-250, or a felony, and has been sentenced on that conviction to the
custody of the Commissioner of Correction, and who has not submitted to the taking
of a blood or other biological sample pursuant to subsection (a) of this section with
respect to such offense, shall, prior to release from custody and at such time as the
commissioner may specify, submit to the taking of a blood or other biological sample of
sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification
characteristics specific to the person. If any person required to submit to the taking of
a blood or other biological sample pursuant to this subsection refuses to do so, the
Commissioner of Correction or the commissioner's designee shall notify the Department
of Emergency Services and Public Protection within thirty days of such refusal for the
initiation of criminal proceedings against such person.
(c) Any person who is convicted of a criminal offense against a victim who is a
minor, a nonviolent sexual offense or a sexually violent offense, as those terms are
defined in section 54-250, or a felony and is not sentenced to a term of confinement,
and who has not submitted to the taking of a blood or other biological sample pursuant
to subsection (a) of this section with respect to such offense, shall, as a condition of
such sentence and at a time and place specified by the Court Support Services Division
of the Judicial Department, submit to the taking of a blood or other biological sample of
sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification
characteristics specific to the person.
(d) Any person who has been found not guilty by reason of mental disease or defect
pursuant to section 53a-13 of a criminal offense against a victim who is a minor, a
nonviolent sexual offense or a sexually violent offense, as those terms are defined in
section 54-250, or a felony, and is in the custody of the Commissioner of Mental Health
and Addiction Services or the Commissioner of Developmental Services as a result of
that finding, and who has not submitted to the taking of a blood or other biological
sample pursuant to subsection (a) of this section with respect to such offense, shall, prior
to a court hearing commenced in accordance with subsection (d) of section 17a-582,
and at such time as the Commissioner of Mental Health and Addiction Services or the
Commissioner of Developmental Services with whom such person has been placed may
specify, submit to the taking of a blood or other biological sample of sufficient quality
for DNA (deoxyribonucleic acid) analysis to determine identification characteristics
specific to the person.
(e) Any person who has been convicted of a criminal offense against a victim who
is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are
defined in section 54-250, or a felony, and is serving a period of probation or parole,
and who has not submitted to the taking of a blood or other biological sample pursuant
to subsection (a), (b), (c) or (d) of this section, shall, prior to discharge from the custody
of the Court Support Services Division or the Department of Correction and at such
time as said division or department may specify, submit to the taking of a blood or other
biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to
determine identification characteristics specific to the person.
(f) Any person who has been convicted or found not guilty by reason of mental
disease or defect in any other state or jurisdiction of a felony or of any crime, the essential
elements of which are substantially the same as a criminal offense against a victim who
is a minor, a nonviolent sexual offense or a sexually violent offense, as those terms are
defined in section 54-250, and is in the custody of the Commissioner of Correction, is
under the supervision of the Judicial Department or the Board of Pardons and Paroles
or is under the jurisdiction of the Psychiatric Security Review Board, shall, prior to
discharge from such custody, supervision or jurisdiction submit to the taking of a blood
or other biological sample of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.
(g) If the blood or other biological sample taken from a person pursuant to this
section is not of sufficient quality for DNA (deoxyribonucleic acid) analysis to determine
identification characteristics specific to the person, the person shall submit to the taking
of an additional sample or samples until a sample of sufficient quality is obtained.
(h) The analysis shall be performed by the Division of Scientific Services within
the Department of Emergency Services and Public Protection, except that the division
shall analyze samples taken pursuant to subsection (a) of this section only as available
resources allow. The identification characteristics of the profile resulting from the DNA
(deoxyribonucleic acid) analysis shall be stored and maintained by the division in a
DNA data bank and shall be made available only as provided in section 54-102j.
(i) Any person who refuses to submit to the taking of a blood or other biological
sample pursuant to this section or wilfully fails to appear at the time and place specified
pursuant to subsection (b) of this section for the taking of a blood or other biological
sample shall be guilty of a class D felony. Any person required to submit to the taking
of a blood or other biological sample pursuant to subsection (c) of this section who
wilfully fails to appear to submit to the taking of such sample within five business days
of the time specified by the Court Support Services Division may be arrested pursuant
to a warrant issued under section 54-2a.
(j) If any person required to submit to the taking of a blood or other biological
sample pursuant to any provision of this section is in the custody of the Commissioner
of Correction and refuses to submit to the taking of such sample, the commissioner or the
commissioner's designee may use reasonable force to obtain a blood or other biological
sample from such person.
(P.A. 94-246, S. 1; P.A. 98-111, S. 10; P.A. 99-183, S. 11, 13; 99-218, S. 10, 16; P.A. 03-242, S. 1; P.A. 04-188, S. 1;
04-234, S. 2; 04-257, S. 121; P.A. 07-73, S. 2(b); P.A. 10-102, S. 2; P.A. 11-51, S. 134; 11-144, S. 1; 11-207, S. 1.)
History: P.A. 98-111 added new Subsec. (c) requiring any person found not guilty by reason of mental disease or defect
of any violation specified in Subsec. (a) or (b) on or after October 1, 1994 to have a blood sample taken for DNA analysis
prior to discharge from custody, redesignating former Subsec. (c) as Subsec. (d); P.A. 99-183 revised the crimes the
conviction of which subjects a person to DNA testing by replacing "a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b" in Subsecs. (a) and (b) and "any violation specified in subsection (a) or (b) of this section" in
Subsec. (c) with "a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent
offense, as those terms are defined in section 54-250, or of a felony found by the sentencing court to have been committed
for a sexual purpose, as provided in section 54-254", amended Subsec. (a) to make provisions applicable to a person
convicted of any of the specified offenses who "is sentenced to the custody of the Commissioner of Correction" rather
than a person who is convicted of any of the specified offenses "on or after October 1, 1994, and is sentenced to the custody
of the Commissioner of Correction" or a person who has been convicted of any of the specified offenses "and on October
1, 1994, is in the custody of the Commissioner of Correction", amended Subsec. (b) to delete provision re applicability to
persons convicted "on or after October 1, 1994", amended Subsec. (c) to delete provision re applicability to persons found
not guilty by reason of mental disease or defect "on or after October 1, 1994" and include a discharge in accordance with
Sec. 17a-588, and made technical changes for purposes of gender neutrality, effective July 1, 1999; P.A. 99-218 amended
Subsec. (d) by replacing the State Police Forensic Science Laboratory with the Division of Scientific Services within the
Department of Public Safety, effective July 1, 1999; P.A. 03-242 replaced in Subsecs. (a), (b) and (c) "a felony found by
the sentencing court to have been committed for a sexual purpose as provided in section 54-254" with "a felony", amended
Subsec. (a) to replace requirement that the person "at any time prior to release from custody, have a sample of such person's
blood taken" with requirement that the person "prior to release from custody and at such time as the commissioner may
specify, submit to the taking of a blood or other biological sample", amended Subsec. (b) to replace requirement that the
person "have a sample of such person's blood taken" with requirement that the person "at such time as the sentencing
court may specify, submit to the taking of a blood or other biological sample", amended Subsec. (c) to replace requirement
that the person "at any time" prior to discharge from custody "have a sample of such person's blood taken" with requirement
that the person prior to discharge from custody and "at such time as the superintendent of the hospital for psychiatric
disabilities in which such person is confined or the Commissioner of Mental Retardation with whom such person has been
placed may specify, submit to the taking of a blood or other biological sample", added new Subsec. (d) requiring any
person who is convicted of a criminal offense against a victim who is a minor, nonviolent sexual offense, sexually violent
offense or felony and is serving a period of probation or parole to submit to the taking of a blood or other biological sample
prior to discharge from custody and redesignated existing Subsec. (d) as Subsec. (e); P.A. 04-188 amended Subsec. (a) to
replace "is convicted" with "has been convicted", replace "is sentenced" with "has been sentenced on that conviction" and
add provision re notification of Department of Public Safety when a person refuses to submit to the taking of a sample,
amended Subsec. (c) to replace "is found not guilty" with "has been found not guilty", add condition that such person "is
in custody as a result of that finding" and replace "superintendent of the hospital for psychiatric disabilities in which such
person is confined" with "Commissioner of Mental Health and Addiction Services", added new Subsec. (e) re taking of
samples from persons convicted or found not guilty by reason of mental disease or defect in another state or jurisdiction
and who are in the custody or under the supervision or jurisdiction of certain agencies in this state, redesignated existing
Subsec. (e) as Subsec. (f) and added Subsec. (g) to make it a class A misdemeanor to refuse to submit to the taking of a
sample; P.A. 04-234 replaced Board of Parole with Board of Pardons and Paroles, effective July 1, 2004; P.A. 04-257
amended Subsec. (d) to replace references to "the Board of Parole" and "board" with "the Department of Correction" and
"department", respectively, effective June 14, 2004; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" was
changed editorially by the Revisors to "Commissioner of Developmental Services", effective October 1, 2007; P.A. 10-102 amended Subsec. (b) to require submission to taking of sample "at a time and place specified by the Court Support
Services Division of the Judicial Department" rather than "at such time as the sentencing court may specify" and amended
Subsec. (g) to increase penalty from class A misdemeanor to class D felony and add provision re arrest by warrant of
person who refuses to submit to taking of sample pursuant to Subsec. (b) within 5 days of time specified; pursuant to P.A.
11-51, "Department of Public Safety" was changed editorially by the Revisors to "Department of Emergency Services and
Public Protection", effective July 1, 2011; P.A. 11-144 required sample taken be "of sufficient quality", amended Subsec.
(c) to make applicable to person who is "in the custody of the Commissioner of Mental Health and Addiction Services or
the Commissioner of Developmental Services", rather than "in custody", and require person to submit to taking of sample
"prior to a court hearing commenced in accordance with subsection (d) of section 17a-582", rather than "prior to discharge
from custody in accordance with subsection (e) of section 17a-582, section 17a-588 or subsection (g) of section 17a-593",
added new Subsec. (f) to require person to submit to taking of additional sample or samples until sample of sufficient
quality is obtained, redesignated existing Subsec. (f) as Subsec. (g), redesignated existing Subsec. (g) as Subsec. (h) and
amended same to make penalty applicable to person who "wilfully fails to appear at the time and place specified pursuant
to subsection (b) of this section for the taking of a blood or other biological sample" and replace "refuses" with "wilfully
fails to appear" and added Subsec. (i) to authorize use of reasonable force to obtain sample from person in custody of
Commissioner of Correction who refuses to submit to taking of sample; P.A. 11-207 added new Subsec. (a) re taking of
blood or other biological sample for DNA analysis of person arrested on or after October 1, 2011, for commission of
serious felony who prior to such arrest has been convicted of a felony but has not submitted to the taking of such a sample,
redesignated existing Subsecs. (a) to (g) as Subsecs. (b) to (h), amended Subsecs. (b) to (d) to add condition that such
person "has not submitted to the taking of a blood or other biological sample pursuant to subsection (a) of this section with
respect to such offense", amended Subsec. (e) to make a technical change, amended Subsec. (g) to add exception that
division shall analyze samples taken pursuant to Subsec. (a) only as available resources allow and make a technical change,
and amended Subsec. (h) to make a technical change.
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Sec. 54-102h. Procedure for collection of blood or other biological sample for
DNA analysis. (a)(1) The collection of a blood or other biological sample from persons
required to submit to the taking of such sample pursuant to subsection (a) of section 54-102g shall be the responsibility of the law enforcement agency that arrested such person
and shall be taken at a time and place specified by that agency prior to such person's
release from custody.
(2) The collection of a blood or other biological sample from persons required to
submit to the taking of such sample pursuant to subsection (b) of section 54-102g shall
be the responsibility of the Department of Correction and shall be taken at a time and
place specified by the Department of Correction.
(3) The collection of a blood or other biological sample from persons required to
submit to the taking of such sample pursuant to subsection (c) of section 54-102g shall
be the responsibility of the Judicial Department and shall be taken at a time and place
specified by the Court Support Services Division.
(4) The collection of a blood or other biological sample from persons required to
submit to the taking of such sample pursuant to subsection (d) of section 54-102g shall
be the responsibility of the Commissioner of Mental Health and Addiction Services or
the Commissioner of Developmental Services, as the case may be, and shall be taken
at a time and place specified by said commissioner.
(5) The collection of a blood or other biological sample from persons required to
submit to the taking of such sample pursuant to subsection (e) of section 54-102g shall
be the responsibility of the Judicial Department if such person is serving a period of
probation and of the Department of Correction if such person is serving a period of
parole and shall be taken at a time and place specified by the Court Support Services
Division or the Department of Correction, as the case may be.
(6) The collection of a blood or other biological sample from persons required to
submit to the taking of such sample pursuant to subsection (f) of section 54-102g shall
be the responsibility of the agency in whose custody or under whose supervision such
person has been placed, and shall be taken at a time and place specified by such agency.
(b) Only a person licensed to practice medicine and surgery in this state, a qualified
laboratory technician, a registered nurse or a phlebotomist shall take any blood sample
to be submitted to analysis.
(c) No civil liability shall attach to any person authorized to take a blood or other
biological sample as provided in this section as a result of the act of taking such sample
from any person submitting thereto, if the blood or other biological sample was taken
according to recognized medical procedures, provided no person shall be relieved from
liability for negligence in the taking of any such sample.
(d) (1) Chemically clean sterile disposable needles and vacuum draw tubes shall
be used for all blood samples. The tube or container for a blood or other biological
sample shall be sealed and labeled with the subject's name, Social Security number,
date of birth, race and gender, the name of the person collecting the sample, and the
date and place of collection. The tube or container shall be secured to prevent tampering
with the contents.
(2) Only collection kits approved by the Division of Scientific Services within the
Department of Emergency Services and Public Protection may be used for the collection
of biological samples by buccal swabs.
(e) The steps set forth in this section relating to the taking, handling, identification
and disposition of blood or other biological samples are procedural and not substantive.
Substantial compliance therewith shall be deemed to be sufficient. The samples shall be
transported to the Division of Scientific Services within the Department of Emergency
Services and Public Protection not more than fifteen days following their collection and
shall be analyzed and stored in the DNA data bank in accordance with sections 54-102i
and 54-102j.
(P.A. 94-246, S. 2; P.A. 99-218, S. 11, 16; P.A. 03-242, S. 2; P.A. 04-188, S. 2; 04-234, S. 2; P.A. 07-73, S. 2(b); 07-158, S. 5; P.A. 10-102, S. 3; P.A. 11-51, S. 134; 11-207, S. 2.)
History: P.A. 99-218 amended Subsec. (b) by replacing the State Police Forensic Science Laboratory with the Division
of Scientific Services within the Department of Public Safety, effective July 1, 1999; P.A. 03-242 amended Subsec. (a) to
make provisions applicable to "other biological" samples in addition to blood samples, provide that samples be "taken"
rather than "withdrawn" and rephrase provisions re withdrawal of samples accordingly, add provision requiring samples
from persons who are found not guilty by reason of mental disease or defect and are confined in a hospital for psychiatric
disabilities or placed with the Commissioner of Mental Retardation be taken at a time and place specified by the superintendent or the commissioner, add provision requiring samples from persons serving probation or parole be taken at a time
and place specified by the Court Support Services Division or the Board of Parole and make provision that requires certain
medical personnel to withdraw any sample applicable only to the taking of "blood" samples, amended Subsec. (b) to make
provision requiring the use of needles and vacuum draw tubes applicable to "blood" samples and include references to
the "container" for the sample, designated existing provisions re procedure and substantial compliance therewith and
requirements re transportation, analysis and storage as Subsec. (c) and amended said Subsec. to make provisions applicable
to "other biological" samples and replace "withdrawal" with "their collection"; P.A. 04-188 amended Subsec. (a) to insert
Subdiv. designators, amended Subsec. (a)(1) to provide that collection of the sample shall be the responsibility of Department of Correction, that samples collected are "from persons required to submit to the taking of such sample pursuant to
subsection (a) of section 54-102g" rather than "pursuant to section 54-102g from persons who are to be incarcerated" and
that samples be taken at "a time and place specified" by department rather than "at the receiving unit or at such other place
as is designated" by department, amended Subsec. (a)(2) to provide that collection of the sample shall be the responsibility
of Department of Public Safety and that samples collected are from "persons required to submit to the taking of such
sample pursuant to subsection (b) of section 54-102g" rather than from "persons who are not sentenced to a term of
confinement", amended Subsec. (a)(3) to provide that collection of the sample shall be responsibility of the Commissioner
of Mental Health and Addiction Services or Commissioner of Mental Retardation, as the case may be, that samples collected
are from "persons required to submit to the taking of such sample pursuant to subsection (c) of section 54-102g" rather
than "persons who are found not guilty by reason of mental disease or defect pursuant to section 53a-13 and are confined
in a hospital for psychiatric disabilities or placed with the Commissioner of Mental Retardation" and that sample be
taken at a time and place specified by "said commissioner" rather than by "the superintendent of such hospital or said
commissioner, as the case may be", amended Subsec. (a)(4) to provide that collection of the sample shall be the responsibility
of Judicial Department if the person is serving a period of probation and of Board of Parole if the person is serving a period
of parole and that samples collected are from "persons required to submit to the taking of such sample pursuant to subsection
(d) of section 54-102g" rather than from "persons who are serving periods of probation or parole", added new Subdiv. (5)
re agency responsible for collection of a sample from persons required to submit to the taking of a sample pursuant to Sec.
54-102g(e), designated existing provision of Subsec. (a) re persons authorized to take a blood sample as new Subsec. (b),
designated existing provision of Subsec. (a) re liability of persons taking a sample as new Subsec. (c), redesignated existing
Subsec. (b) re needles, tubes and containers as Subsec. (d), and redesignated existing Subsec. (c) re procedure and substantial
compliance therewith and requirements re transportation, analysis and storage as Subsec. (e); P.A. 04-234 replaced Board
of Parole with Board of Pardons and Paroles, effective July 1, 2004; pursuant to P.A. 07-73 "Commissioner of Mental
Retardation" was changed editorially by the Revisors to "Commissioner of Developmental Services", effective October
1, 2007; P.A. 07-158 amended Subsec. (a)(4) to substitute "Department of Correction" for "Board of Pardons and Paroles"
re collection from certain parolees; P.A. 10-102 amended Subsec. (a)(2) to provide that collection of a sample shall be
responsibility of Judicial Department, rather than Department of Public Safety, and shall be taken at time and place specified
by Court Support Services Division, rather than sentencing court, and amended Subsec. (d) to designate existing provisions
as Subdiv. (1) and add Subdiv. (2) re collection kits approved for collection of biological samples by buccal swabs; pursuant
to P.A. 11-51, "Department of Public Safety" was changed editorially by the Revisors to "Department of Emergency
Services and Public Protection", effective July 1, 2011; P.A. 11-207 amended Subsec. (a) to add new Subdiv. (1) re
responsibility of arresting law enforcement agency to collect sample from persons required to submit to taking of sample
pursuant to Sec. 54-102g(a) and requirement that sample be taken at time and place specified by agency prior to person's
release from custody, and to redesignate existing Subdivs. (1) to (5) as Subdivs. (2) to (6) and amend same by making
technical changes to statutory references.
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Sec. 54-102j. Dissemination of information in DNA data bank. (a) It shall be
the duty of the Division of Scientific Services within the Department of Emergency
Services and Public Protection to receive blood or other biological samples and to analyze, classify and file the results of DNA identification characteristics profiles of blood
or other biological samples submitted pursuant to section 54-102g and to make such
information available as provided in this section, except that the division shall analyze
samples taken pursuant to subsection (a) of section 54-102g only as available resources
allow. The results of an analysis and comparison of the identification characteristics
from two or more blood or other biological samples shall be made available directly to
federal, state and local law enforcement officers upon request made in furtherance of
an official investigation of any criminal offense. Only when a sample or DNA profile
supplied by the person making the request satisfactorily matches a profile in the data
bank shall the existence of data in the data bank be confirmed or identifying information
from the data bank be disseminated, except that if the results of an analysis and comparison do not reveal a match between the sample or samples supplied and a DNA profile
contained in the data bank, the division may, upon request of the law enforcement officer,
indicate whether the DNA profile of a named individual is contained in the data bank
provided the law enforcement officer has a reasonable and articulable suspicion that such
individual has committed the criminal offense being investigated. A request pursuant to
this subsection may be made by personal contact, mail or electronic means. The name
of the person making the request and the purpose for which the information is requested
shall be maintained on file with the division.
(b) Upon the request of a person from whom a blood or other biological sample has
been taken pursuant to sections 54-102g and 54-102h, a copy of such person's DNA
profile shall be furnished to such person.
(c) Upon the request of any person identified and charged with an offense as the
result of a search of information in the data bank, a copy of the request for a search shall
be furnished to such person so identified and charged.
(d) The Department of Emergency Services and Public Protection shall adopt regulations, in accordance with the provisions of chapter 54, governing (1) the methods
of obtaining information from the data bank in accordance with this section, and (2)
procedures for verification of the identity and authority of the person making the request.
The department shall specify the positions in that agency which require regular access
to the data bank and samples submitted as a necessary function of the job.
(e) The Division of Scientific Services shall create a separate statistical data base
comprised of DNA profiles of blood or other biological samples of persons whose identity is unknown. Nothing in this section or section 54-102k shall prohibit the Division
of Scientific Services from sharing or otherwise disseminating the information in the
statistical data base with law enforcement or criminal justice agencies within or without
the state.
(f) The Division of Scientific Services may charge a reasonable fee to search and
provide a comparative analysis of DNA profiles in the data bank to any authorized law
enforcement agency outside of the state.
(P.A. 94-246, S. 4; P.A. 98-2; P.A. 99-218, S. 13, 16; P.A. 03-242, S. 4; P.A. 11-51, S. 134; 11-144, S. 2; 11-207, S. 4.)
History: P.A. 98-2 added "or other biological samples" to Subsec. (a); P.A. 99-218 replaced the State Police Forensic
Science Laboratory with the Division of Scientific Services within the Department of Public Safety and made conforming
changes, and reworded part of Subsec. (b) for gender neutrality, effective July 1, 1999; P.A. 03-242 amended Subsec. (a)
to include "other biological" samples, added new Subsec. (b) to provide that upon request of a person from whom a
blood or other biological sample has been taken, a copy of such person's DNA profile shall be furnished to such person,
redesignated existing Subsecs. (b), (c), (d) and (e) as new Subsecs. (c), (d), (e) and (f), respectively, made technical changes
in Subsec. (d) and amended Subsec. (e) to include "other biological" samples; pursuant to P.A. 11-51, "Department of
Public Safety" was changed editorially by the Revisors to "Department of Emergency Services and Public Protection",
effective July 1, 2011; P.A. 11-144 amended Subsec. (a) to add provision re confirmation or dissemination of information
in data bank only when there is a satisfactory match, said provision formerly being part of Subsec. (c), and add exception
re authority of division to indicate whether profile of a named individual is contained in data bank when there is no match
but officer has reasonable and articulable suspicion that such individual committed offense being investigated, and amended
Subsec. (c) to delete provision re confirmation or dissemination of information in data bank only when there is a satisfactory
match; P.A. 11-207 amended Subsec. (a) to add exception re division to analyze samples taken pursuant to Sec. 54-102g(a)
only as available resources allow.
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Sec. 54-102l. Expungement of DNA data bank records and destruction of samples. (a) A DNA profile that has been included in the data bank pursuant to sections 54-102g to 54-102k, inclusive, shall be expunged in the event that (1) the criminal conviction
or the finding of not guilty by reason of mental disease or defect on which the authority
for including the person's DNA profile was based has been reversed and the case dismissed, or (2) if the DNA profile of a person has been included in the data bank on
account of the person being arrested as provided in subsection (a) of section 54-102g,
the charge has been dismissed or nolled or the person has been acquitted of the charge.
(b) The Division of Scientific Services within the Department of Emergency Services and Public Protection shall purge all records and identifiable information in the
data bank pertaining to the person and destroy all samples from the person upon receipt
of a certified copy of (1) the court order reversing and dismissing the conviction or the
finding of not guilty by reason of mental disease or defect, or (2) the court order dismissing or nolling the charge or acquitting the person of the charge.
(P.A. 94-246, S. 6; P.A. 10-36, S. 28; P.A. 11-91, S. 2; 11-207, S. 3.)
History: P.A. 10-36 made provisions applicable upon reversal of finding of not guilty by reason of mental disease or
defect and made technical changes, effective July 1, 2010; P.A. 11-91 substituted "State Police Forensic Science Laboratory" with "Division of Scientific Services within the Department of Public Safety", effective July 8, 2011 (Revisor's note:
"Department of Public Safety" was changed editorially by the Revisors to "Department of Emergency Services and Public
Protection" to conform with changes made by P.A. 11-51); P.A. 11-207 inserted Subsec. (a) and (b) designators, amended
Subsec. (a) to replace provision re person "may request expungement" of DNA profile upon reversal of conviction or
finding of not guilty by reason of mental disease or defect and dismissal of case with provision re profile "shall be expunged"
upon such reversal and dismissal, designate existing provision re reversal and dismissal as Subdiv. (1) and add new Subdiv.
(2) re dismissal, nolle or acquittal of charge when profile included on account of person being arrested as provided in Sec.
54-102g(a), and amended Subsec. (b) to delete former Subdiv. (1) re written request for expungement, redesignate existing
Subdiv. (2) re court order reversing and dismissing conviction or finding of not guilty by reason of mental disease or defect
as Subdiv. (1) and add new Subdiv. (2) re court order dismissing or nolling the charge or acquitting the person of the charge.
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Sec. 54-102m. DNA Data Bank Oversight Panel. (a) There is established a DNA
Data Bank Oversight Panel composed of the Chief State's Attorney, the Attorney General, the Commissioner of Emergency Services and Public Protection, the Commissioner
of Correction, the executive director of the Court Support Services Division of the Judicial Department and the Chief Public Defender, or their designees. The Chief State's
Attorney shall serve as chairperson of the panel and shall coordinate the agencies responsible for the implementation and maintenance of the DNA data bank established pursuant
to section 54-102j.
(b) The panel shall take such action as necessary to assure the integrity of the data
bank including the destruction of inappropriately obtained samples and the purging
of all records and identifiable information pertaining to the persons from whom such
inappropriately obtained samples were collected.
(c) The panel shall meet on a quarterly basis and shall maintain records of its meetings. Such records shall be retained by the chairperson. The meetings and records of
the panel shall be subject to the provisions of the Freedom of Information Act, as defined
in section 1-200, except that discussions and records of personally identifiable DNA
information contained in the data bank shall be confidential and not subject to disclosure
pursuant to the Freedom of Information Act. The Chief Public Defender, or the Chief
Public Defender's designee, shall not participate in discussions concerning, or have
access to records of, personally identifiable DNA information contained in the data bank.
(P.A. 03-242, S. 5; P.A. 04-188, S. 3; P.A. 10-102, S. 4; P.A. 11-9, S. 1; 11-51, S. 134.)
History: P.A. 04-188 amended Subsec. (c) to add provision that the meetings and records of the panel shall be subject
to the Freedom of Information Act, except that discussions and records of personally identifiable DNA information contained in the data bank shall be confidential and not subject to disclosure pursuant to that act; P.A. 10-102 amended Subsec.
(a) to add executive director of Court Support Services Division as member of panel; P.A. 11-9 amended Subsec. (a) to
add Chief Public Defender as member of panel and amended Subsec. (c) to prohibit Chief Public Defender or designee
from participating in discussions concerning, or having access to records of, personally identifiable DNA information
contained in data bank, effective May 24, 2011; pursuant to P.A. 11-51, "Commissioner of Public Safety" was changed
editorially by the Revisors to "Commissioner of Emergency Services and Public Protection" in Subsec. (a), effective July
1, 2011.
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Sec. 54-108. Duties of probation officers. (a) Probation officers shall investigate
all cases referred to them for investigation by the executive director or by the court.
They shall furnish to each person released under their supervision a written statement
of the conditions of probation and shall instruct him regarding the same. They shall keep
informed of his conduct and condition and use all suitable methods to aid and encourage
him and to bring about improvement in his conduct and condition.
(b) Probation officers shall supervise and enforce all conditions of probation ordered pursuant to section 53a-30.
(c) Any interference with any probation officer or with any person placed in his
charge shall render the person so interfering liable to the provisions of section 53a-167a.
(1949 Rev., S. 8834, 8835; 1955, S. 3336d; 1959, P.A. 28, S. 155; 1963, P.A. 642, S. 76; 1969, P.A. 297; P.A. 74-183,
S. 155, 291; 74-338, S. 37, 94; P.A. 76-436, S. 557, 681; P.A. 11-155, S. 2.)
History: 1959 act substituted circuit court for municipal court or trial justice; 1963 act updated statute, excluding court
of common pleas and reference to appeal by minor and substituting state jail administrator for jailer; 1969 act substituted
community correctional centers and their administrators for jails and their administrators; P.A. 74-183 replaced circuit
court with court of common pleas, reflecting reorganization of judicial system, and substituted "section 53a-167a" for
"section 53-165", effective December 31, 1974; P.A. 74-338 repeated change in section reference enacted by P.A. 74-183; P.A. 76-436 reworded section to reflect transfer of all trial jurisdiction to superior court, deleting references implying
other courts' jurisdiction, effective July 1, 1978; P.A. 11-155 inserted Subsec. (a) and (c) designators, amended Subsec.
(a) to delete provisions re duty of probation officers to collect and disburse moneys and account therefor and to send record
of all probations to director, re duty of police to notify probation officer whenever any minor has been arrested and re
authority of court to commit minor to custody of probation officer while case is being investigated or when minor is in
default of bail and is committed to a community correctional center and to make a technical change, and added Subsec.
(b) requiring probation officers to supervise and enforce all conditions of probation ordered pursuant to Sec. 53a-30,
effective July 1, 2011.
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Sec. 54-108d. Authority of probation officers to detain certain persons, seize
contraband and act as member of fugitive task force. (a) A probation officer may,
in the performance of his or her official duties, detain for a reasonable period of time
and until a police officer arrives to make an arrest (1) any person who has one or more
unexecuted state or federal arrest warrants lodged against him or her, and (2) any person
who such officer has probable cause to believe has violated a condition of probation
and is the subject of a probation officer's authorization to arrest pursuant to subsection
(a) of section 53a-32. If a police officer is unable to come to the location where the
person is being detained within a reasonable period of time, a probation officer may
transport the person to the nearest location where a police officer is able to make an
arrest.
(b) A probation officer may seize and take into custody any contraband, as defined
in subsection (a) of section 54-36a, that such officer discovers in the performance of
his or her official duties. Such probation officer shall promptly process such contraband
in accordance with the provisions of section 54-36a.
(c) A probation officer may, in the performance of his or her official duties, act as
a member of a state or federal ad hoc fugitive task force that seeks out and arrests persons
who have unexecuted state or federal arrest warrants lodged against such persons and
such officer shall be deemed to be acting as an employee of the state while carrying out
the duties of the task force.
(P.A. 10-43, S. 29; P.A. 11-155, S. 3.)
History: P.A. 11-155 amended Subsec. (a) to add provision re authority of probation officer to transport detained person
to nearest location where police officer is able to make an arrest, effective July 1, 2011.
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Sec. 54-108e. Provision of intensive pretrial supervision services, completion
of alternative sentencing plans and development of community release plans by
probation officers. (a) Probation officers shall provide intensive pretrial supervision
services, in accordance with guidelines developed by the Court Support Services Division, whenever ordered to do so by the court.
(b) Probation officers shall complete alternative sentencing plans, in accordance
with guidelines developed by the Court Support Services Division, for persons who
have entered into a stated plea agreement that includes a term of imprisonment of two
years or less, whenever ordered to do so by the court.
(c) Probation officers may evaluate persons sentenced to a term of imprisonment
of two years or less who have been confined under such sentence for at least ninety days
and have complied with institutional rules and necessary treatment programs of the
Department of Correction, and may develop a community release plan for such persons
in accordance with guidelines developed by the Court Support Services Division. If a
probation officer develops a community release plan, the probation officer shall apply
for a sentence modification hearing under section 53a-39.
(P.A. 11-51, S. 21.)
History: P.A. 11-51 effective June 30, 2011.
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Sec. 54-125a. Parole of inmate serving sentence of more than two years. Eligibility. Hearing to determine suitability for parole release of certain inmates. (a) A
person convicted of one or more crimes who is incarcerated on or after October 1, 1990,
who received a definite sentence or aggregate sentence of more than two years, and who
has been confined under such sentence or sentences for not less than one-half of the
aggregate sentence less any risk reduction credit earned under the provisions of section
18-98e or one-half of the most recent sentence imposed by the court less any risk reduction credit earned under the provisions of section 18-98e, whichever is greater, may be
allowed to go at large on parole in the discretion of the panel of the Board of Pardons
and Paroles for the institution in which the person is confined, if (1) it appears from all
available information, including any reports from the Commissioner of Correction that
the panel may require, that there is reasonable probability that such inmate will live and
remain at liberty without violating the law, and (2) such release is not incompatible with
the welfare of society. At the discretion of the panel, and under the terms and conditions
as may be prescribed by the panel including requiring the parolee to submit personal
reports, the parolee shall be allowed to return to the parolee's home or to reside in a
residential community center, or to go elsewhere. The parolee shall, while on parole,
remain under the jurisdiction of the board until the expiration of the maximum term or
terms for which the parolee was sentenced less any risk reduction credit earned under
the provisions of section 18-98e. Any parolee released on the condition that the parolee
reside in a residential community center may be required to contribute to the cost incidental to such residence. Each order of parole shall fix the limits of the parolee's residence,
which may be changed in the discretion of the board and the Commissioner of Correction. Within three weeks after the commitment of each person sentenced to more than
two years, the state's attorney for the judicial district shall send to the Board of Pardons
and Paroles the record, if any, of such person.
(b) (1) No person convicted of any of the following offenses, which was committed
on or after July 1, 1981, shall be eligible for parole under subsection (a) of this section:
Capital felony, as provided in section 53a-54b, felony murder, as provided in section
53a-54c, arson murder, as provided in section 53a-54d, murder, as provided in section
53a-54a, or aggravated sexual assault in the first degree, as provided in section 53a-70a. (2) A person convicted of (A) a violation of section 53a-100aa or 53a-102, or (B)
an offense, other than an offense specified in subdivision (1) of this subsection, where
the underlying facts and circumstances of the offense involve the use, attempted use or
threatened use of physical force against another person shall be ineligible for parole
under subsection (a) of this section until such person has served not less than eighty-five per cent of the definite sentence imposed less any risk reduction credit earned under
the provisions of section 18-98e.
(c) The Board of Pardons and Paroles shall, not later than July 1, 1996, adopt regulations in accordance with chapter 54 to ensure that a person convicted of an offense
described in subdivision (2) of subsection (b) of this section is not released on parole
until such person has served eighty-five per cent of the definite sentence imposed by
the court less any risk reduction credit earned under the provisions of section 18-98e.
Such regulations shall include guidelines and procedures for classifying a person as a
violent offender that are not limited to a consideration of the elements of the offense or
offenses for which such person was convicted.
(d) The Board of Pardons and Paroles shall hold a hearing to determine the suitability
for parole release of any person whose eligibility for parole release is not subject to the
provisions of subsection (b) of this section upon completion by such person of seventy-five per cent of such person's definite or aggregate sentence less any risk reduction
credit earned under the provisions of section 18-98e. An employee of the board or, if
deemed necessary by the chairperson, a panel of the board shall reassess the suitability
for parole release of such person based on the following standards: (1) Whether there
is reasonable probability that such person will live and remain at liberty without violating
the law, and (2) whether the benefits to such person and society that would result from
such person's release to community supervision substantially outweigh the benefits to
such person and society that would result from such person's continued incarceration.
After hearing, if the board determines that continued confinement is necessary, it shall
articulate for the record the specific reasons why such person and the public would not
benefit from such person serving a period of parole supervision while transitioning from
incarceration to the community. The decision of the board under this subsection shall
not be subject to appeal.
(e) The Board of Pardons and Paroles shall hold a hearing to determine the suitability
for parole release of any person whose eligibility for parole release is subject to the
provisions of subdivision (2) of subsection (b) of this section upon completion by such
person of eighty-five per cent of such person's definite or aggregate sentence less any
risk reduction credit earned under the provisions of section 18-98e. An employee of the
board or, if deemed necessary by the chairperson, a panel of the board shall assess the
suitability for parole release of such person based on the following standards: (1)
Whether there is reasonable probability that such person will live and remain at liberty
without violating the law, and (2) whether the benefits to such person and society that
would result from such person's release to community supervision substantially outweigh the benefits to such person and society that would result from such person's
continued incarceration. After hearing, if the board determines that continued confinement is necessary, it shall articulate for the record the specific reasons why such person
and the public would not benefit from such person serving a period of parole supervision
while transitioning from incarceration to the community. The decision of the board
under this subsection shall not be subject to appeal.
(f) Any person released on parole under this section shall remain in the custody
of the Commissioner of Correction and be subject to supervision by personnel of the
Department of Correction during such person's period of parole.
(P.A. 90-261, S. 5; P.A. 92-114; P.A. 93-219, S. 2, 14; P.A. 94-37, S. 2; P.A. 95-255, S. 1-3; P.A. 99-196, S. 2; June
Sp. Sess. P.A. 01-9, S. 74, 131; P.A. 04-234, S. 2, 3; Jan. Sp. Sess. P.A. 08-1, S. 5; P.A. 10-36, S. 30; P.A. 11-51, S. 25.)
History: P.A. 92-114 amended Subsec. (a) to make eligible for parole a person convicted of "one or more crimes" who
received "a definite sentence or aggregate sentence of more than one year and has been confined under such sentence or
sentences for not less than one-half of the aggregate sentence or one-half of the most recent sentence imposed by the court,
whichever is greater", rather than only a person convicted of "a felony" who received "a definite sentence of more than
one year who has been confined under such sentence for not less than one-half of the sentence imposed by the court"; P.A.
93-219 amended Subsec. (a) to limit parole eligibility to persons who received a sentence of more than two years, rather
than more than one year, effective July 1, 1993; P.A. 94-37 amended Subsec. (b) to make ineligible for parole a person
convicted of an offense committed with a firearm in or on, or within 1,500 feet of, the real property comprising a public
or private elementary or secondary school; P.A. 95-255 amended Subsec. (b) to add Subdiv. (2) re parole eligibility of
persons convicted of offenses involving the use, attempted use or threatened use of physical force, designating existing
provision re parole ineligibility of certain offenders as Subdiv. (1) and existing provision re parole eligibility of persons
convicted of offenses carrying a mandatory minimum sentence as Subdiv. (3), effective July 1, 1996, and added Subsec.
(c) requiring the Board of Parole to adopt regulations re the classification and release of violent offenders, effective July
1, 1995; P.A. 99-196 amended Subsec. (b) to delete Subdiv. (3) re parole eligibility date of a person convicted of an offense
carrying a mandatory minimum sentence; June Sp. Sess. P.A. 01-9 added Subsec. (d) requiring the Board of Parole to
submit reports re the number of persons whose eligibility for parole release is subject to Subsec. (a) and who have completed
75% of their definite sentence but have not been approved for parole release and made technical changes for purposes of
gender neutrality in Subsec. (a), effective July 1, 2001; P.A. 04-234 amended Subsec. (a) to provide that parolee shall,
while on parole, remain "under the jurisdiction" of board rather than "in the legal custody" of board and provide that limits
of parolee's residence may be changed in discretion of "the board and the Commissioner of Correction" rather than in
discretion of "such panel", amended Subsec. (b) to delete provision making ineligible for parole a person convicted of
offense committed with a firearm in or on, or within 1,500 feet of an elementary or secondary school, add provision making
ineligible for parole a person convicted of aggravated assault in the first degree, as provided in Sec. 53a-70a and make
technical changes, deleted former Subsec. (d) requiring Board of Parole to submit reports re the number of persons whose
eligibility for parole release is subject to Subsec. (a) and who have completed 75% of their definite sentence but have not
been approved for parole release, added new Subsec. (d) to require board to hold hearing to determine suitability for parole
release of any person whose eligibility for parole release is not subject to Subsec. (b) upon completion of 75% of such
person's sentence, require employee or panel to reassess suitability for parole release of such a person, specify standards
for reassessment, require board to articulate for the record its reasons if it determines that continued confinement is necessary
and provide that decision of board is not appealable, added new Subsec. (e) to require board to hold hearing to determine
suitability for parole release of any person whose eligibility for parole release is not subject to Subsec. (b)(2) upon completion of 85% of such person's sentence, require employee or panel to assess suitability for parole release of such a person,
specify standards for reassessment, require board to articulate for the record its reasons if it determines that continued
confinement is necessary and provide that decision of board is not appealable and added new Subsec. (f) to provide that
a person remains in custody of Commissioner of Correction and is subject to supervision by personnel of Department of
Correction while on parole, effective June 8, 2004, and replaced Board of Parole with Board of Pardons and Paroles,
effective July 1, 2004; Jan. Sp. Sess. P.A. 08-1 amended Subsec. (b)(2) to add Subpara. (A) re person convicted of a
violation of Sec. 53a-100aa or 53a-102 and designate existing provision as Subpara. (B), effective March 1, 2008; P.A.
10-36 amended Subsec. (a) to require state's attorney to send board the record, if any, of each person sentenced to more
than 2 years, rather than more than 1 year, effective July 1, 2010; P.A. 11-51 provided for deduction from person's sentence
of any risk reduction credit earned under Sec. 18-98e when calculating parole eligibility date under Subsecs. (a) to (c),
length of time under jurisdiction of board under Subsec. (a) and date for parole suitability hearing under Subsecs. (d) and
(e), effective July 1, 2011.
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