Connecticut Seal

General Assembly

File No. 577

    February Session, 2018

Senate Bill No. 486

Senate, April 18, 2018

The Committee on Judiciary reported through SEN. DOYLE of the 9th Dist. and SEN. KISSEL of the 7th Dist., Chairpersons of the Committee on the part of the Senate, that the bill ought to pass.

AN ACT CONCERNING NOTIFICATION TO BOARDS OF EDUCATION OF THE RELEASE OF A JUVENILE SEXUAL OFFENDER AND A MODEL POLICY CONCERNING THE REENTRY OF SUCH JUVENILES INTO THE SCHOOL SYSTEM.

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

Section 1. (NEW) (Effective October 1, 2018) Notwithstanding the provisions of sections 46b-124 of the general statutes concerning the confidentiality of records of juvenile matters and 46b-146 of the general statutes concerning the erasure of police and court records, the Court Support Services Division of the Judicial Department, in the case of a child, as defined in section 46b-120 of the general statutes, who is convicted as delinquent, as described in section 46b-120 of the general statutes, on or after October 1, 2018, for a violation of section 53a-70 of the general statutes, 53a-70a of the general statutes, 53a-70c of the general statutes, 53a-71 of the general statutes, 53a-72a of the general statutes or 53a-72b of the general statutes, or for committing a felony offense that the court finds was committed for a sexual purpose, as described in section 54-250 of the general statutes, shall, upon release of any such child from the custody of the Judicial Department or the Department of Children and Families, as applicable, notify the superintendent for the local or regional school district for the town in which such child will reside, that such child has been convicted delinquent of any such offense, provided said division has notified any victim of such offense and such victim does not object to the provision of such information to the superintendent.

Sec. 2. (Effective from passage) (a) Not later than January 1, 2019, the Commissioner of Education, in consultation with the Court Support Services Division of the Judicial Department, shall develop a model policy concerning children in or reentering a local or regional school district who have been convicted as delinquent, as described in section 46b-120 of the general statutes, for a violation of section 53a-70 of the general statutes, 53a-70a of the general statutes, 53a-70c of the general statutes, 53a-71 of the general statutes, 53a-72a of the general statutes or 53a-72b of the general statutes, or for committing a felony offense that the court finds was committed for a sexual purpose, as described in section 54-250 of the general statutes.

(b) Such model policy shall include recommendations (1) concerning any such child convicted as delinquent for the offenses enumerated in subsection (a) of this section that may best assist such child in his or her educational setting, and (2) to ensure the safety and well-being of any known victim who attends a school in the same school district as the child convicted as delinquent. Such model policy shall dictate with whom the superintendent for the local or regional school district may share any information provided to the superintendent pursuant to section 1 of this act, and how such information shall otherwise be confidential.

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

Section 1

October 1, 2018

New section

Sec. 2

from passage

New section

JUD

Joint Favorable

 

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact: None

Municipal Impact: None

Explanation

The bill requires notification by the Judicial Department to the school district when a child who was convicted as a delinquent for certain sexual offenses is released and does not result in a fiscal impact.

Section 2 of the bill does not result in a fiscal impact as the Court Support Services Division of the Judicial Department has the staff and expertise necessary to consult with the State Department of Education on developing model policies for children reentering school as a result of various convictions.

The Out Years

State Impact: None

Municipal Impact: None

OLR Bill Analysis

SB 486

AN ACT CONCERNING NOTIFICATION TO BOARDS OF EDUCATION OF THE RELEASE OF A JUVENILE SEXUAL OFFENDER AND A MODEL POLICY CONCERNING THE REENTRY OF SUCH JUVENILES INTO THE SCHOOL SYSTEM.

SUMMARY

This bill generally requires the Judicial Branch's Court Support Services Division (CSSD), when a child who was convicted as a delinquent for certain sex offenses is released from Judicial Branch or Department of Children and Families custody back to the community, to notify the superintendent of the school district where the child will reside of the child's delinquency conviction (see BACKGROUND). But CSSD must first notify any victims of the offense and it may not provide the information to the superintendent if a victim objects.

CSSD must provide this notice about children convicted, on or after October 1, 2018, of one or more of the following offenses: 1st degree sexual assault, aggravated 1st degree sexual assault, aggravated sexual assault of a minor, 2nd degree sexual assault, 3rd degree sexual assault with or without a firearm, or any other felony the court finds was committed for a sexual purpose (see BACKGROUND).

Under the bill, by January 1, 2019, the education commissioner, in consultation with CSSD, must develop a model policy concerning children in or reentering a local or regional school district who have been adjudicated delinquent for any of the crimes listed above.

EFFECTIVE DATE: October 1, 2018, except the model policy provisions are effective upon passage

MODEL POLICY

Under the bill, the model policy must include recommendations:

The model policy must dictate with whom the superintendent may share the information he or she receives from CSSD and how the information must otherwise be confidential.

BACKGROUND

“Sexual Purpose”

By law, an individual commits a felony for a sexual purpose if his or her purpose was to engage in nonconsensual sexual contact or intercourse with another person. A sexual purpose does not have to be the only reason the felony was committed and the purpose may arise at any time during the commission of the crime (CGS 54-250).

Child

By law, a child is generally anyone under age 18 who is not legally emancipated, but for delinquency matters and proceedings, the definition includes a person who:

COMMITTEE ACTION

Judiciary Committee

Joint Favorable

Yea

25

Nay

16

(04/04/2018)

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