OLR Bill Analysis

SB 828

AN ACT CONCERNING SEXUAL OFFENDER REGISTRATION REQUIREMENTS FOR CERTAIN PERSONS GRANTED TEMPORARY LEAVE BY THE PSYCHIATRIC SECURITY REVIEW BOARD.

SUMMARY:

This bill expands the list of people who must register as sex offenders with the emergency services and public protection commissioner by including those the Psychiatric Security Review Board releases into the community on a temporary leave to a residence it approves.

By law, the board may grant temporary leave to people who were (1) found not guilty by reason of mental disease or defect and (2) confined to a hospital for psychiatric disabilities or placed with the developmental services commissioner. The board may grant such leave when the hospital's superintendent or commissioner requests it.

Under the bill, the people the board approves for temporary release must register as sex offenders within three days of their release if they were found not guilty by reason of mental disease or defect for:

1. a criminal offense against a minor,

2. a nonviolent sexual offense,

3. a sexually violent offense, or

4. a felony found by the sentencing court to have been committed for sexual purposes.

Under current law, people convicted or found not guilty by reason of mental disease or defect for these offenses may be released into the community under specified conditions.

EFFECTIVE DATE: July 1, 2013

EXTENDED SEXUAL OFFENDER REGISTRATION REQUIREMENT

The bill extends the sexual offender registration requirement to people the Psychiatric Security Review Board approves, by law, for temporary leave from a hospital for psychiatric disabilities or placed with the developmental services commissioner. Under current law, the registration requirement applies when the board conditionally releases a person convicted or found not guilty of specified offenses from a hospital for mental illness or a facility for people with intellectual disabilities. It also applies when these people complete the term of their confinement.

By law, the registration requirement also applies to people released:

1. by a court after the conviction or finding of not guilty by reason of mental disease or defect, a sentence of probation or any other authorized sentences that does not result in the offender's immediate placement in the custody of the corrections commissioner or

2. from a correctional facility at the discretion of the Board of Pardons and Paroles, by the Correction Department to a halfway house, group home, mental health facility, or other approved community correction program or upon completion of the maximum term or terms of the offender's sentence or sentences, or to the supervision of the Court Support Services Division in accordance with the terms of the offender's sentence.

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

44

Nay

0

(04/12/2013)