Connecticut Seal

General Assembly

 

Raised Bill No. 473

February Session, 2016

 

LCO No. 3295

 

*03295_______JUD*

Referred to Committee on JUDICIARY

 

Introduced by:

 

(JUD)

 

AN ACT CONCERNING A PETITION FOR RELEASE FROM THE REQUIREMENT TO REGISTER AS A SEXUAL OFFENDER FOR LIFE.

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

Section 1. (NEW) (Effective October 1, 2016) (a) Any person who (1) is required to maintain registration as a sexual offender for life pursuant to section 54-251 of the general statutes, as amended by this act, due to a single conviction for a violation of (A) subdivision (2) of subsection (a) of section 53a-70 of the general statutes, as amended by this act, in effect prior to October 1, 2016, provided such person was not more than eight years older than the victim at the time of the offense, or (B) subparagraph (A) of subdivision (2) of subsection (a) of section 53a-70 of the general statutes, as amended by this act, (2) was not otherwise convicted of 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 (3) has complied with the registration requirements of chapter 969 of the general statutes for a period of ten years or more, may petition the court to be released from such registration requirements in accordance with this section.

(b) Any person who files such a petition under this section shall, pursuant to subsection (b) of section 54-227 of the general statutes, as amended by this act, notify the Office of Victim Services and the Victim Services Unit within the Department of Correction of the filing of such petition. The Office of Victim Services or the Victim Services Unit within the Department of Correction, or both, shall, pursuant to section 54-230 or 54-230a of the general statutes, as amended by this act, notify any victim who has requested notification pursuant to subsection (b) of section 54-228 of the general statutes, as amended by this act, of the filing of such petition. Prior to granting or denying such petition, the court shall consider any information or statements provided by the victim, and may order the petitioner to submit to a risk assessment or other evaluation as the court deems appropriate.

(c) The court may order that such person not be subject to the registration requirements of chapter 969 of the general statutes if the court finds that such person has fully complied with the terms of such person's release, has not committed a subsequent criminal offense against a victim who is a minor, nonviolent sexual offense or sexually violent offense, and does not present a risk to public safety.

(d) Any person whose petition is denied under this section may submit a new petition under this section no earlier than five years after the date of such denial or any decision on an appeal therefrom, whichever is later.

Sec. 2. Subsection (a) of section 53a-70 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(a) A person is guilty of sexual assault in the first degree when such person (1) compels another person to engage in sexual intercourse by the use of force against such other person or a third person, or by the threat of use of force against such other person or against a third person which reasonably causes such person to fear physical injury to such person or a third person, or (2) engages in sexual intercourse with another person and such other person is under thirteen years of age and the actor is (A) more than two years older than such person, but not more than eight years older than such person, or (B) more than eight years older than such person, or (3) commits sexual assault in the second degree as provided in section 53a-71 and in the commission of such offense is aided by two or more other persons actually present, or (4) engages in sexual intercourse with another person and such other person is mentally incapacitated to the extent that such other person is unable to consent to such sexual intercourse.

Sec. 3. Section 54-250 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

For the purposes of this section, sections 54-102g and [54-250] 54-251 to 54-258a, inclusive, as amended by this act, and section 1 of this act:

(1) "Conviction" means a judgment entered by a court upon a plea of guilty, a plea of nolo contendere or a finding of guilty by a jury or the court notwithstanding any pending appeal or habeas corpus proceeding arising from such judgment.

(2) "Criminal offense against a victim who is a minor" means (A) a violation of subdivision (2) of section 53-21 of the general statutes in effect prior to October 1, 2000, subdivision (2) of subsection (a) of section 53-21, subdivision (2) of subsection (a) of section 53a-70, as amended by this act, subdivision (1), (4), (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of section 53a-71, subdivision (2) of subsection (a) of section 53a-72a, subdivision (2) of subsection (a) of section 53a-86, subdivision (2) of subsection (a) of section 53a-87, section 53a-90a, 53a-196a, 53a-196b, 53a-196c, 53a-196d, 53a-196e or 53a-196f, (B) a violation of subparagraph (A) of subdivision (9) of subsection (a) of section 53a-71 or section 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-96 or 53a-186, provided the court makes a finding that, at the time of the offense, the victim was under eighteen years of age, (C) a violation of any of the offenses specified in subparagraph (A) or (B) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (D) a violation of any predecessor statute to any offense specified in subparagraph (A), (B) or (C) of this subdivision the essential elements of which are substantially the same as said offense.

(3) "Identifying factors" means fingerprints, a photographic image, and a description of any other identifying characteristics as may be required by the Commissioner of Emergency Services and Public Protection. The commissioner shall also require a sample of the registrant's blood or other biological sample be taken for DNA (deoxyribonucleic acid) analysis, unless such sample has been previously obtained in accordance with section 54-102g.

(4) "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.

(5) "Nonviolent sexual offense" means (A) a violation of section 53a-73a or subdivision (2), (3) or (4) of subsection (a) of section 53a-189a, or (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49.

(6) "Not guilty by reason of mental disease or defect" means a finding by a court or jury of not guilty by reason of mental disease or defect pursuant to section 53a-13 notwithstanding any pending appeal or habeas corpus proceeding arising from such finding.

(7) "Personality disorder" means a condition as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association.

(8) "Registrant" means a person required to register under section 54-251, as amended by this act, 54-252, 54-253 or 54-254.

(9) "Registry" means a central record system in this state, any other state or the federal government that receives, maintains and disseminates information on persons convicted or found not guilty by reason of mental disease or defect of criminal offenses against victims who are minors, nonviolent sexual offenses, sexually violent offenses and felonies found by the sentencing court to have been committed for a sexual purpose.

(10) "Release into the community" means, with respect to a conviction or a finding of 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, (A) any release by a court after such conviction or finding of not guilty by reason of mental disease or defect, a sentence of probation or any other sentence under section 53a-28 that does not result in the offender's immediate placement in the custody of the Commissioner of Correction; (B) release from a correctional facility at the discretion of the Board of Pardons and Paroles, by the Department of Correction to a program authorized by section 18-100c 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; or (C) temporary leave to an approved residence by the Psychiatric Security Review Board pursuant to section 17a-587, conditional release from a hospital for mental illness or a facility for persons with intellectual disability by the Psychiatric Security Review Board pursuant to section 17a-588, or release upon termination of commitment to the Psychiatric Security Review Board.

(11) "Sexually violent offense" means (A) a violation of section 53a-70, as amended by this act, except subdivision (2) of subsection (a) of said section, 53a-70a, 53a-70b, 53a-71, except subdivision (1), (4), (8) or (10) or subparagraph (B) of subdivision (9) of subsection (a) of said section or subparagraph (A) of subdivision (9) of subsection (a) of said section if the court makes a finding that, at the time of the offense, the victim was under eighteen years of age, 53a-72a, except subdivision (2) of subsection (a) of said section, or 53a-72b, or of section 53a-92 or 53a-92a, provided the court makes a finding that the offense was committed with intent to sexually violate or abuse the victim, (B) a violation of any of the offenses specified in subparagraph (A) of this subdivision for which a person is criminally liable under section 53a-8, 53a-48 or 53a-49, or (C) a violation of any predecessor statute to any of the offenses specified in subparagraph (A) or (B) of this subdivision the essential elements of which are substantially the same as said offense.

(12) "Sexual purpose" means that a purpose of the defendant in committing the felony was to engage in sexual contact or sexual intercourse with another person without that person's consent. A sexual purpose need not be the sole purpose of the commission of the felony. The sexual purpose may arise at any time in the course of the commission of the felony.

(13) "Employed" or "carries on a vocation" means employment that is full-time or part-time for more than fourteen days, or for a total period of time of more than thirty days during any calendar year, whether financially compensated, volunteered or for the purpose of government or educational benefit.

(14) "Student" means a person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher learning.

Sec. 4. Subsection (a) of section 54-251 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(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, residence address and electronic mail address, instant message address or other similar Internet communication identifier, if any, with the Commissioner of Emergency Services and Public Protection, on such forms and in such locations as the commissioner shall direct, and shall maintain such registration for ten years from the date of such person's release into the community, except that any person [who] shall maintain such registration for life, if such person (1) has one or more prior convictions of any such offense, including offenses described in subdivision (2) of this subsection, or [who] (2) is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70, as amended by this act, [shall maintain such registration for life] unless such person is (A) convicted of a violation of (i) said subdivision (2) in effect prior to October 1, 2016, and such person was not more than eight years older than the victim at the time of the offense, or (ii) subparagraph (A) of subdivision (2) of subsection (a) of section 53a-70, as amended by this act, and (B) released from such registration requirement pursuant to section 1 of this act. 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)] (I) 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)] (II) 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 Emergency Services and Public Protection 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 Emergency Services and Public Protection 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 Emergency Services and Public Protection 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 Emergency Services and Public Protection 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 Emergency Services and Public Protection 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 Emergency Services and Public Protection.

Sec. 5. Subsection (b) of section 54-227 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(b) Any person who files an application with the court to be exempted from the registration requirements of section 54-251, as amended by this act, pursuant to subsection (b) or (c) of said section [and] or files a petition with the court pursuant to section 1 of this act to be released from such registration requirements or any person who files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information or removing such restriction shall notify the Office of Victim Services and the Victim Services Unit within the Department of Correction of the filing of such application or petition on a form prescribed by the Office of the Chief Court Administrator. Notwithstanding any provision of the general statutes, no such application or petition shall be considered unless such person has notified the Office of Victim Services and the Victim Services Unit within the Department of Correction pursuant to this subsection and provides proof of such notice as part of the application or petition.

Sec. 6. Subsection (b) of section 54-228 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(b) Any victim 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, as amended by this act, or a felony found by the sentencing court to have been committed for a sexual purpose, as provided in section 54-254, who desires to be notified whenever the person who was convicted or found not guilty by reason of mental disease or defect of such offense files an application with the court to be exempted from the registration requirements of section 54-251, as amended by this act, pursuant to subsection (b) or (c) of said section or files a petition with the court pursuant to section 1 of this act to be released from such registration requirements or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction, may complete and file a request for notification with the Office of Victim Services or the Victim Services Unit within the Department of Correction.

Sec. 7. Subsection (b) of section 54-230 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227, as amended by this act, the Office of Victim Services shall notify by certified mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228, as amended by this act, whenever such person files an application with the court to be exempted from the registration requirements of section 54-251, as amended by this act, pursuant to subsections (b) or (c) of said section or files a petition with the court pursuant to section 1 of this act to be released from such registration requirements or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption, [or of] the restriction or removal of the restriction being applied for, or the release from the registration requirement being petitioned for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.

Sec. 8. Subsection (b) of section 54-230a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

(b) Upon receipt of notice from a person pursuant to subsection (b) of section 54-227, as amended by this act, the Victim Services Unit within the Department of Correction shall notify by certified mail all persons who have requested to be notified pursuant to subsection (b) of section 54-228, as amended by this act, whenever such person files an application with the court to be exempted from the registration requirements of section 54-251, as amended by this act, pursuant to subsections (b) or (c) of said section, or files a petition with the court pursuant to section 54-255 for an order restricting the dissemination of the registration information, or removing such restriction. Such notice shall be in writing and notify each person of the nature of the exemption, [or of] the restriction or the removal of the restriction being applied for, or the release from the registration requirement being petitioned for, the address and telephone number of the court to which the application or petition by the person was made, and the date and place of the hearing or session, if any, scheduled on the application or petition.

Sec. 9. Section 18-78b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):

There is established a Victim Services Unit within the Department of Correction. The duties and responsibilities of the unit shall include, but not be limited to: (1) Receiving notices pursuant to section 54-227, as amended by this act, from inmates applying for release or sentence reduction or review, persons applying for exemption from the registration requirements of section 54-251, as amended by this act, or a petition with the court pursuant to section 1 of this act to be released from such registration requirements and persons filing a petition for an order restricting the dissemination of registration information or removing such restriction pursuant to section 54-255, (2) receiving requests for notification from victims of crime or members of an inmate's immediate family pursuant to section 54-228, as amended by this act, and receiving notices of changes of address from victims pursuant to said section, (3) receiving requests for notification from prosecuting officials pursuant to section 54-229, and (4) notifying persons pursuant to section 54-230a, as amended by this act, who have requested to be notified pursuant to section 54-228, as amended by this act, or 54-229.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2016

New section

Sec. 2

October 1, 2016

53a-70(a)

Sec. 3

October 1, 2016

54-250

Sec. 4

October 1, 2016

54-251(a)

Sec. 5

October 1, 2016

54-227(b)

Sec. 6

October 1, 2016

54-228(b)

Sec. 7

October 1, 2016

54-230(b)

Sec. 8

October 1, 2016

54-230a(b)

Sec. 9

October 1, 2016

18-78b

Statement of Purpose:

To allow certain persons subject to lifetime registration as a sexual offender to apply for release from such registration requirement after such person has complied with registration requirements for ten or more years.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]