Substitute Senate Bill No. 65
Substitute Senate Bill No. 65
PUBLIC ACT NO. 98-111
AN ACT CONCERNING THE REGISTRATION OF SEXUAL
OFFENDERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) For the purposes 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.
(2) "Criminal offense against a victim who is
a minor" means (A) a violation of subdivision (2)
of section 53-21, subdivision (2) of subsection
(a) of section 53a-70, subdivision (1), (4) or (8)
of subsection (a) of section 53a-71, subdivision
(2) of subsection (a) of section 53a-72a,
subparagraph (A) or (D) of subdivision (1) of
subsection (a) or subdivision (6) of subsection
(a) of section 53a-73a, subdivision (2) of
subsection (a) of section 53a-86, subdivision (2)
of subsection (a) of section 53a-87, section
53a-196a or 53a-196b, (B) a violation of section
53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-96
or 53a-186 of the general statutes, provided the
court makes a finding that, at the time of the
offense, the victim was under eighteen years of
age, or (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 of
the general statutes.
(3) "Identifying factors" means fingerprints,
photographs, and a description of any other
identifying characteristics as may be required by
the Commissioner of Public Safety. The
commissioner shall also require a sample of the
registrant's blood taken for DNA (deoxyribonucleic
acid) analysis, unless such sample has been
previously obtained in accordance with section
54-102g of the general statutes.
(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) "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 of the general
statutes.
(6) "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.
(7) "Registrant" means a person required to
register under section 2, 3, 4 or 5 of this act.
(8) "Registry" means a central record system
in this state or any other state 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, sexually violent offenses
and felonies found by the sentencing court to have
been committed for sexual purposes.
(9) "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 sexually violent offense or a felony found by
the sentencing court to have been committed for
sexual purposes, (A) a sentence of probation or
any other sentence under section 53a-28 of the
general statutes that does not result in the
offender's placement in the custody of the
Commissioner of Correction; (B) release from a
correctional facility at the discretion of the
Board of Parole, by the Department of Correction
to a program authorized by section 18-100c of the
general statutes or upon completion of the maximum
term or terms of the offender's sentence or
sentences, or to the supervision of the Office of
Adult Probation in accordance with the terms of
the offender's sentence; or (C) release from a
hospital for mental illness or a facility for
persons with mental retardation by the Psychiatric
Security Review Board on conditional release
pursuant to section 17a-588 of the general
statutes or upon termination of commitment to the
Psychiatric Security Review Board.
(10) "Sexually violent offense" means (A) a
violation of section 53a-70, except subdivision
(2) of subsection (a) of said section, 53a-70a,
53a-70b, 53a-71, except subdivision (1), (4) or
(8) of subsection (a) of said section, 53a-72a,
except subdivision (2) of subsection (a) of said
section, 53a-72b, or 53a-73a, except subparagraph
(A) or (D) of subdivision (1) of subsection (a) of
said section or subdivision (6) of subsection (a)
of said section, or of section 53a-92 or 53a-92a
of the general statutes, provided the court makes
a finding that the offense was committed with
intent to sexually violate or abuse the victim, 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 of the general statutes.
Sec. 2. (NEW) (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, and is released into the
community on or after October 1, 1998, shall,
within three days following such release, register
his name, identifying factors, criminal history
record and residence address 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.
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,
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 his plea. If such person changes
his address he shall, within five days, register
the new address in writing with the Commissioner
of Public Safety, and, if he changes his address
to another state, he shall also register with an
appropriate law enforcement agency in the new
state, provided such state has a registration
requirement for such offenders. During such period
of registration, each registrant shall complete
and return forms mailed to him to verify his
residence address.
(b) Any person who violates the provisions of
this section shall be guilty of a class D felony.
Sec. 3. (NEW) (a) Any person who has been
convicted or found not guilty by reason of mental
disease or defect of a sexually violent offense,
and is released into the community on or after
October 1, 1988, shall, within three days
following such release or the effective date of
this act, whichever is later, register his name,
identifying factors, criminal history record,
documentation of any treatment received for mental
abnormality or personality disorder, and residence
address with the Commissioner of Public Safety on
such forms and in such locations as said
commissioner shall direct, and shall maintain such
registration until released from this obligation
in accordance with section 6 of this act. Prior to
accepting a plea of guilty or nolo contendere from
a person with respect to a sexually violent
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 his plea. If such person
changes his address he shall, within five days,
register the new address in writing with the
Commissioner of Public Safety, and, if he changes
his address to another state, he shall also
register with an appropriate law enforcement
agency in the new state, provided such state has a
registration requirement for such offenders.
During such period of registration, each
registrant shall complete and return forms mailed
to him to verify his residence address.
(b) Any person who has been subject to the
registration requirements of section 54-102r of
the general statutes, revised to January 1, 1997,
as amended by section 1 of public act 97-183,
shall, not later than three working days after the
effective date of this act, register under this
section and thereafter comply with the provisions
of this act.
(c) Notwithstanding the provisions of
subsections (a) and (b) of this section, during
the initial registration period following the
effective date of this act, the Commissioner of
Public Safety may phase in completion of the
registration procedure for persons released into
the community prior to said effective date over
the first three months following said effective
date, and no such person shall be prosecuted for
failure to register under this section during
those three months provided he complies with the
directives of said commissioner regarding
registration procedures.
(d) Any person who violates the provisions of
this section shall be guilty of a class D felony.
Sec. 4. (NEW) (a) Any person who has been
convicted or found not guilty by reason of mental
disease or defect in any other state, in a federal
or military court or in any foreign jurisdiction
of any crime, the essential elements of which are
substantially the same as any of the crimes
specified in subdivisions (2) and (10) of section
1 of this act and who establishes residence in
this state on and after the effective date of this
act, shall, within ten days of establishing such
residence, register with and provide a
photographic image and fingerprints to the
Commissioner of Public Safety in the same manner
as if he had been convicted or found not guilty by
reason of mental disease or defect of such crime
in this state, except that for purposes of
determining the ten-year period of registration
under sections 2 and 6 of this act, he shall be
deemed to have initially registered on the date of
his release into the community in such other
state, federal or military system or foreign
jurisdiction.
(b) Any person who violates the provisions of
this section shall be guilty of a class D felony.
Sec. 5. (NEW) (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 sexual purposes, may be
required by the court upon release into the
community to register his name, identifying
factors, criminal history record and residence
address 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 sexual
purposes 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 his plea. If
such person changes his address he shall, within
five days, register the new address in writing
with the Commissioner of Public Safety, and, if he
changes his address to another state, he shall
also register with an appropriate law enforcement
agency in the new state, provided such state has a
registration requirement for such offenders.
During such period of registration, each
registrant shall complete and return forms mailed
to him to verify his residence address.
(b) Any person who violates the provisions of
this section shall be guilty of a class D felony.
Sec. 6. (NEW) A person required to register
under section 3 of this act shall maintain his
registration for not less than ten years from the
date of his release into the community, after
which he may apply to the court in which he was
convicted or found not guilty by reason of mental
disease or defect for release from the obligation
to register. The court shall grant such
application and shall notify the Department of
Public Safety that the person is no longer subject
to registration under this act, provided the
person satisfies the court by clear and convincing
evidence that he does not suffer from a mental
abnormality or personality disorder that makes him
likely to engage in sexually violent offenses. The
court shall refer the application of such person
to a board of experts on the behavior and
treatment of sexual offenders, which shall examine
the person and make an assessment for the court
regarding the person's potential for further
violent sexual behavior. The court shall also give
notice to the chief police official and the
state's attorney for the jurisdiction in which the
offense for which the person is required to
register under section 3 of this act was
committed, and shall afford each an opportunity to
make a statement to the court regarding the
application. The court may require such applicant
to pay the costs reasonably associated with such
examination unless the person establishes that he
is indigent, or that the payment would constitute
an unreasonable financial hardship. In the event
that the court does not approve an application for
release from the obligation to register, such
applicant may not submit another application for a
period of five years from the date on which the
court enters its decision.
Sec. 7. (NEW) Any court, the Commissioner of
Correction, the Board of Parole or the Psychiatric
Security Review Board, prior to releasing into the
community any person convicted of a criminal
offense against a victim who is a minor, a
sexually violent offense or a felony found by the
sentencing court to have been committed for sexual
purposes, except a person being released
unconditionally at the conclusion of his 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 2, 3
and 5 of this act. The court, the Commissioner of
Correction, the Board of Parole or the Psychiatric
Security Review Board, as the case may be, shall
transmit the completed registration package to the
Commissioner of Public Safety who shall enter the
information into the registry established under
section 8 of this act. 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, criminal history record, any known
treatment history and any other relevant
information; (2) inform the person that he has an
obligation to register, within three days, with
the Commissioner of Public Safety for a period of
ten years following the date of his release or
until released from such obligation in accordance
with section 6 of this act, as the case may be,
and that if such person changes his address he
shall, within five days, register the new address
in writing with the Commissioner of Public Safety
and, if he changes his address to another state,
he shall also register with an appropriate law
enforcement agency in the new state, provided such
state has a registration requirement for such
offenders; (3) provide the person with a written
summary of his obligations under this act as
explained to him 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 him and that he was provided
with a written summary of his obligations under
this act.
Sec. 8. (NEW) (a) The Department of Public
Safety shall, not later than January 1, 1999,
establish and maintain a registry of all persons
required to register under sections 2, 3, 4 and 5
of this act. The department shall, in cooperation
with the office of the Chief Court Administrator,
the Department of Correction, the Board of Parole
and the Psychiatric Security Review Board, develop
appropriate forms for use by agencies and
individuals to report registration information,
including changes of address. Upon receipt of
registration information, the department shall
enter the information into the registry and notify
the local police department or state police troop
having jurisdiction where the registrant resides
or plans to reside. If a registrant reports a
residence in another state, the department shall
notify the state police agency of that state or
such other agency in that state that maintains
registry information, if known. The department
shall also transmit all registration information,
conviction data, photographic images and
fingerprints to the Federal Bureau of
Investigation in such form as said bureau shall
require for inclusion in a national registry.
(b) The Department of Public Safety shall
verify the address of each registrant by mailing a
nonforwardable verification form to the registrant
at his last reported address. Such form shall
require the registrant to sign a statement that he
continues to reside at his last reported address
and return the form by mail by a date which is ten
days after the date such form was mailed to the
registrant. The form shall contain a statement
that failure to return the form or providing false
information is a violation of section 2, 3 or 5 of
this act, as the case may be. In any prosecution
for a violation of section 2, 3 or 5 of this act
for failure to return the form, it shall be an
affirmative defense that the registrant had in
fact resided at his last reported address during
the ten-day reporting period or that the
registrant had moved not more than five days prior
to the start of or during such period and had
provided notice of his change of address in
accordance with section 2, 3 or 5 of this act.
Each person required to register under section 2
or 5 of this act shall have his address verified
in such manner annually on the anniversary of his
initial registration date. Each person required to
register under section 3 of this act shall have
his address verified in such manner every ninety
days after his initial registration date. Each
person required to register under section 4 of
this act shall have his address verified in such
manner either annually on the anniversary of his
initial registration date or every ninety days
after his initial registration date depending upon
whether, after such initial registration, he is
subject to the requirements of section 2 or
section 3, respectively, of this act. In the event
that a registrant fails to return his address
verification form, the Department of Public Safety
shall notify the local police department or the
state police troop having jurisdiction over his
last reported address, and that agency shall apply
for a warrant to be issued for his arrest under
section 2, 3 or 5 of this act, as the case may be.
The Department of Public Safety shall not verify
the address of registrants whose last reported
address was outside this state.
Sec. 9. (NEW) (a) (1) Notwithstanding any
other provision of the general statutes, 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. The
Department of Public Safety, 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 the department or such troop or
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 2, 3,
4 or 5 of this act.
(2) Notwithstanding the provisions of
subdivision (1) of this subsection, the Department
of Public Safety, 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 this act, except to government
agencies for bona fide law enforcement or security
purposes.
(3) When any registrant is released from the
obligation to register under section 2, 3, 4 or 5
of 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 and
destroy all registration information pertaining to
the person, and shall make no further disclosure
of such information to any government agency,
private organization or individual.
(b) Neither the state nor any municipality,
nor any branch, agency or employee thereof, shall
be liable to any registrant by reason of
disclosure of any information regarding the
registrant that is released or disclosed in
accordance with subsection (a) of this section.
Sec. 10. Section 54-102g of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person who (1) is convicted of a
violation of section 53a-70, 53a-70a, 53a-70b,
53a-71, 53a-72a or 53a-72b on or after October 1,
1994, and is sentenced to the custody of the
Commissioner of Correction or (2) has been
convicted of a violation of section 53a-70,
53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b and
on October 1, 1994, is in the custody of the
Commissioner of Correction shall, prior to release
from such custody, have a sample of his blood
taken for DNA (deoxyribonucleic acid) analysis to
determine identification characteristics specific
to the person.
(b) Any person convicted of a violation of
section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a
or 53a-72b on or after October 1, 1994, who is not
sentenced to a term of confinement shall, as a
condition of such sentence, have a sample of his
blood taken for DNA (deoxyribonucleic acid)
analysis to determine identification
characteristics specific to the person.
(c) ANY PERSON WHO IS FOUND NOT GUILTY BY
REASON OF MENTAL DISEASE OR DEFECT PURSUANT TO
SECTION 53a-13 OF ANY VIOLATION SPECIFIED IN
SUBSECTION (a) OR (b) OF THIS SECTION ON OR AFTER
OCTOBER 1, 1994, SHALL, PRIOR TO DISCHARGE FROM
CUSTODY IN ACCORDANCE WITH SUBSECTION (e) OF
SECTION 17a-582 OR SUBSECTION (g) OF SECTION
17a-593, HAVE A SAMPLE OF HIS BLOOD TAKEN FOR DNA
(DEOXYRIBONUCLEIC ACID) ANALYSIS TO DETERMINE
IDENTIFICATION CHARACTERISTICS SPECIFIC TO THE
PERSON.
[(c)] (d) The analysis shall be performed by
the state police forensic science laboratory. The
identification characteristics of the profile
resulting from the DNA analysis shall be stored
and maintained by the laboratory in a DNA data
bank and shall be made available only as provided
in section 54-102j.
Sec. 11. (NEW) (a) There is established a
sexual offender registration committee consisting
of the following members or their designees: The
Chief Court Administrator, the Chief State's
Attorney, the Commissioner of Public Safety, the
Commissioner of Correction, the Secretary of the
Office of Policy and Management, the chairman of
the Psychiatric Security Review Board, the
chairman of the Board of Parole, the director of
the Office of Adult Probation, the President of
the Connecticut Police Chiefs Association and two
persons appointed by the Governor, one of whom
shall be involved in the delivery of services to
victims of sexual assault and one of whom shall be
involved in the delivery of services to victims of
crime. The Chief Court Administrator shall serve
as chairperson of the committee. The Office of
Policy and Management shall, within available
resources, provide staff resources to the
committee.
(b) On or before January 15, 1999, the sexual
offender registration committee shall submit a
report to the Governor and the General Assembly.
Such report shall make recommendations concerning
the implementation of this act and shall address
issues including (1) assuring interagency
coordination to maximize the accuracy and
timeliness of information contained in the
registry, (2) complying with other applicable
state and federal laws and regulations, (3)
establishing a procedure by which registrants may
apply to the sentencing court, not sooner than ten
years after initial registration, to be relieved
of their obligation to register, (4) establishing
a board of experts in the behavior and treatment
of sexual offenders, to examine such applicants
and make recommendations to the court in
accordance with section 6 of this act, (5)
developing guidelines for the state police and
municipal police departments that shall set forth
the circumstances in which individuals, private
organizations and government agencies in their
respective jurisdictions should be directly
notified that a person subject to registration
under this act is residing near their locations,
and (6) any other fiscal, legislative and
programmatic matters which affect the successful
implementation of the registry.
Sec. 12. Section 54-102r of the general
statutes, as amended by section 1 of public act
97-183, is repealed.
Approved May 27, 1998