Substitute House Bill No. 6785
An Act Concerning the Registration of Sexual Offenders.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 54-250 of the general statutes is repealed and the following is substituted in lieu thereof:
For the purposes of sections 54-102g and 54-250 to 54-259, inclusive, as amended by this act, and section 10 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, 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, 53a-196c or 53a-196d, (B) a violation of 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, [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, 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, [photographs] a photographic image, 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, as amended by this act.
(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 violation of section 53a-73a.
[(5)] (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.
[(6)] (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.
[(7)] (8) "Registrant" means a person required to register under section 54-251, as amended by this act, 54-252, as amended by this act, 54-253, as amended by this act, or 54-254, as amended by this act.
[(8)] (9) "Registry" means a central record system in this state, [or] 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 [purposes] purpose.
[(9)] (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 [purposes] 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 Parole, 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 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 or upon termination of commitment to the Psychiatric Security Review Board.
[(10)] (11) "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, or 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, 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, 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.
Sec. 2. Section 54-251 of the general statutes is repealed and the following is substituted in lieu thereof:
(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, and whether or not such person's place of residence is in this state, register [his] such person's 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 except that any person who has one or more prior convictions of any such offense or who is convicted of a violation of subdivision (2) of subsection (a) of section 53a-70 shall maintain such registration for life. 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) 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] the plea. If such person changes [his] such person's address [he] such person shall, within five days, register the new address in writing with the Commissioner of Public Safety, and, if [he changes his address to] the new address is in another state, [he] such person shall also register with an appropriate [law enforcement] agency in [the new] that state, provided [such] that state has a registration requirement for such offenders. If any person who is subject to registration under this section regularly travels into or within another state or temporarily resides in another state for purposes including, but not limited to employment or schooling, such person shall notify the Commissioner of Public Safety 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 [him] such registrant to verify [his] such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.
(b) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 from the registration requirements of this section if the court finds that such person was under nineteen years of age at the time of the offense and that registration is not required for public safety.
(c) Notwithstanding the provisions of subsection (a) of this section, the court may exempt any person who has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a from the registration requirements of this section if the court finds that registration is not required for public safety.
[(b)] (d) Any person who violates the provisions of this section shall be guilty of a class D felony.
Sec. 3. Section 54-252 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) Any person who has been convicted or found not guilty by reason of mental disease or defect of a sexually violent offense, and (1) is released into the community on or after October 1, 1988, and prior to October 1, 1998, and resides in this state, shall, on October 1, 1998, or within three days of residing in this state, whichever is later, or (2) is released into the community on or after October 1, 1998, shall, within three days following such release, [or October 1, 1998, whichever is later,] register [his] such person's 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 54-255] for life. Prior to accepting a plea of guilty or nolo contendere from a person with respect to a sexually violent offense, the court shall [(1)] (A) 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)] (B) determine that the person fully understands the consequences of [his[ the plea. If such person changes [his] such person's address [he] such person shall, within five days, register the new address in writing with the Commissioner of Public Safety, and, if [he changes his address to] the new address is in another state, [he] such person shall also register with an appropriate [law enforcement] agency in [the new] that state, provided [such] that state has a registration requirement for such offenders. If any person who is subject to registration under this section regularly travels into or within another state or temporarily resides in another state for purposes including, but not limited to employment or schooling, such person shall notify the Commissioner of Public Safety 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 [him] such registrant to verify [his] such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.
(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 October 1, 1998, register under this section and thereafter comply with the provisions of sections 54-102g and 54-250 to 54-259, inclusive, as amended by this act.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, during the initial registration period following October 1, 1998, the Commissioner of Public Safety may phase in completion of the registration procedure for persons released into the community prior to said date over the first three months following said date, and no such person shall be prosecuted for failure to register under this section during those three months provided [he] such person 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. Section 54-253 of the general statutes is repealed and the following is substituted in lieu thereof:
(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), (5) and [(10)] (11) of section 54-250, as amended by this act, and who [establishes residence] resides in this state on and after October 1, 1998, shall, within ten days of [establishing such residence] residing in this state, register with [and provide a photographic image and fingerprints to] the Commissioner of Public Safety in the same manner as if [he] such person 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] section 54-251, as amended by this act, [and 54-255, he] such person shall be deemed to have initially registered on the date of [his] such person's release into the community in such other state, federal or military system or foreign jurisdiction.
(b) Any person not a resident of this state who is registered as a sexual offender under the laws of any other state and who regularly travels into or within this state or temporarily resides in this state for purposes including, but not limited to employment or schooling shall, within three days after the commencement of such travel or residence in this state, register such person's name, identifying factors, criminal history record, locations visited on a recurring basis or residence address, if any, in this state, and residence address in such person's home state with the Commissioner of Public Safety on such forms and in such locations as said commissioner shall direct and shall maintain such registration until such travel or residence terminates or until such person is released from registration as a sexual offender in such other state. If such person terminates such person's travel or residence in this state or changes such person's address in this state such person shall, within five days, provide notice in writing to the Commissioner of Public Safety.
[(b)] (c) Any person who violates the provisions of this section shall be guilty of a class D felony.
Sec. 5. Section 54-254 of the general statutes is repealed and the following is substituted in lieu thereof:
(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 a sexual [purposes] purpose, may be required by the court upon release into the community to register [his] such person's 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 a sexual [purposes] purpose 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] the plea. If such person changes [his] such person's address [he] such person shall, within five days, register the new address in writing with the Commissioner of Public Safety, and, if [he changes his] the new address [to] is in another state, [he] such person shall also register with an appropriate [law enforcement] agency in [the new] that state, provided [such] that state has a registration requirement for such offenders. If any person who is subject to registration under this section regularly travels into or within another state or temporarily resides in another state for purposes including, but not limited to employment or schooling, such person shall notify the Commissioner of Public Safety 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 [him] such registrant to verify [his] such registrant's residence address and shall submit to the retaking of a photographic image upon request of the Commissioner of Public Safety.
(b) Any person who violates the provisions of this section shall be guilty of a class D felony.
Sec. 6. Section 54-255 of the general statutes is repealed and the following is substituted in lieu thereof:
[A person required to register under section 54-252 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 sections 54-102g and 54-250 to 54-259, inclusive, 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 54-252 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.]
(a) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person for a violation of section 53a-70b, the court may order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety and that publication of the registration information would be likely to reveal the identity of the victim within the community where the victim resides. The court shall remove the restriction on the dissemination of such registration information if, at any time, the court finds that public safety requires that such person's registration information be made available to the public or that a change of circumstances makes publication of such registration information no longer likely to reveal the identity of the victim within the community where the victim resides. Prior to ordering or removing the restriction on the dissemination of such person's registration information, the court shall consider any information or statements provided by the victim.
(b) Upon the conviction or finding of not guilty by reason of mental disease or defect of any person of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21, the court may order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety and that publication of the registration information would be likely to reveal the identity of the victim within the community where the victim resides. The court shall remove the restriction on the dissemination of such registration information if, at any time, it finds that public safety requires that such person's registration information be made available to the public or that a change in circumstances makes publication of the registration information no longer likely to reveal the identity of the victim within the community where the victim resides.
(c) Any person who: (1) Has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (1) of subsection (a) of section 53a-71 between October 1, 1988, and June 30, 1999, and was under nineteen years of age at the time of the offense; (2) has been convicted or found not guilty by reason of mental disease or defect of a violation of subdivision (2) of subsection (a) of section 53a-73a between October 1, 1988, and June 30, 1999; (3) 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, a nonviolent sexual offense or a sexually violent offense, between October 1, 1988, and June 30, 1999, where the victim of such offense was, at the time of the offense, under eighteen years of age and related to such person within any of the degrees of kindred specified in section 46b-21; (4) has been convicted or found not guilty by reason of mental disease or defect of a violation of section 53a-70b between October 1, 1988, and June 30, 1999; or (5) has been convicted or found not guilty by reason of mental disease or defect of any crime between October 1, 1988, and September 30, 1998, which requires registration under sections 54-250 to 54-259, inclusive, and (A) served no jail or prison time as a result of such conviction or finding of not guilty by reason of mental disease or defect, (B) has not been subsequently convicted or found not guilty by reason of mental disease or defect of any crime which would require registration under sections 54-250 to 54-259, inclusive, and (C) has registered with the Department of Public Safety in accordance with sections 54-250 to 54-259, inclusive; may petition the court to order the Department of Public Safety to restrict the dissemination of the registration information to law enforcement purposes only and to not make such information available for public access, provided the court finds that dissemination of the registration information is not required for public safety.
Sec. 7. Section 54-256 of the general statutes is repealed and the following is substituted in lieu thereof:
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 or found 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 [purposes] purpose, except a person being released unconditionally at the conclusion of [his] such person's 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 54-251, as amended by this act, 54-252, as amended by this act, and 54-254, as amended by this act. The court, the Commissioner of Correction [, the Board of Parole] or the Psychiatric Security Review Board, as the case may be, shall provide the person with a written summary of the person's obligations under sections 54-102g and 54-250 to 54-259, inclusive, as amended by this act, and transmit the completed registration package to the Commissioner of Public Safety who shall enter the information into the registry established under section 54-257, as amended by this act. If a court transmits the completed registration package to the Commissioner of Public Safety with respect to a person released by the court, such package need not include identifying factors for such person. 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] such person 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] such person's release or [until released from such obligation in accordance with section 54-255] for life, as the case may be, and that if such person changes [his] such person's address [he] such person shall [,] within five days [,] register the new address in writing with the Commissioner of Public Safety and, if [he changes his address to] the new address is in another state [, he] or if such person regularly travels into or within another state or temporarily resides in another state for purposes including, but not limited to employment or schooling, such person shall also register with an appropriate [law enforcement] agency in [the new] that state, provided [such] that state has a registration requirement for such offenders; (3) provide the person with a written summary of [his] the person's obligations under sections 54-102g and 54-250 to 54-259, inclusive, as amended by this act, as explained to [him] the person 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] such person and that [he] such person was provided with a written summary of [his] such person's obligations under sections 54-102g and 54-250 to 54-259, inclusive, as amended by this act.
Sec. 8. Section 54-257 of the general statutes is repealed and the following is substituted in lieu thereof:
(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 54-251, as amended by this act, 54-252, as amended by this act, 54-253, as amended by this act, and 54-254, as amended by 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 may suspend the registration of any person registered under section 54-251, as amended by this act, 54-252, as amended by this act, 54-253, as amended by this act, or 54-254, as amended by this act, while such person is incarcerated, under civil commitment or residing outside this state. During the period that such registration is under suspension, the department is not required to verify the address of the registrant pursuant to subsection (c) of this section and may withdraw the registration information from public access. Upon the release of the registrant from incarceration or civil commitment or resumption of residency in this state by the registrant, the department shall reinstate the registration, redistribute the registration information in accordance with subsection (a) of this section and resume verifying the address of the registrant in accordance with subsection (c) of this section. Suspension of registration shall not affect the date of expiration of the registration obligation of the registrant under section 54-251, as amended by this act, 54-252, as amended by this act, or 54-253, as amended by this act.
[(b) The] (c) Except as provided in subsection (b) of this section, the Department of Public Safety shall verify the address of each registrant by mailing a nonforwardable verification form to the registrant at [his] the registrant's last reported address. Such form shall require the registrant to sign a statement that [he] the registrant continues to reside at [his] the registrant's 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 54-251, as amended by this act, 54-252, as amended by this act, 54-253, or 54-254, as amended by this act, as the case may be. [In any prosecution for a violation of section 54-251, 54-252 or 54-254 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 54-251, 54-252 or 54-254.] Each person required to register under section 54-251, as amended by this act, or 54-254, as amended by this act, shall have [his] such person's address verified in such manner annually on the anniversary of [his] such person's initial registration date. Each person required to register under section 54-252, as amended by this act, shall have [his] such person's address verified in such manner every ninety days after [his] such person's initial registration date. Each person required to register under section 54-253, as amended by this act, shall have [his] such person's address verified in such manner either annually on the anniversary of [his] such person's initial registration date or every ninety days after [his] such person's initial registration date depending upon whether, after such initial registration, [he] such person is subject to the requirements of section 54-251, as amended by this act, or section 54-252, as amended by this act, respectively. In the event that a registrant fails to return [his] the address verification form, the Department of Public Safety shall notify the local police department or the state police troop having jurisdiction over [his] the registrant's last reported address, and that agency shall apply for a warrant to be issued for [his] the registrant's arrest under section 54-251, as amended by this act, 54-252, as amended by this act, 54-253, as amended by this act, or 54-254, as amended by 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.
(d) The Department of Public Safety shall retake the photographic image of each registrant at least once every five years.
Sec. 9. Section 54-258 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) (1) Notwithstanding any other provision of the general statutes, except subdivisions (3) and (4) of this subsection, 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.
(2) [The Department of Public Safety] Any state agency, the Judicial Department, 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 agency, said department, such troop or such local police 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 54-251, as amended by this act, 54-252, as amended by this act, 54-253, as amended by this act, or [54-154] 54-254, as amended by this act.
[(2)] (3) Notwithstanding the provisions of [subdivision (1)] subdivisions (1) and (2) of this subsection, [the Department of Public Safety] state agencies, the Judicial Department, 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 sections 54-102g and 54-250 to 54-259, inclusive, as amended by this act, except to government agencies for bona fide law enforcement or security purposes.
(4) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, registration information the dissemination of which has been restricted by court order pursuant to section 54-255, as amended by this act, and which is not otherwise subject to disclosure, shall not be a public record and shall be released only for law enforcement purposes until such restriction is removed by the court pursuant to said section.
[(3)] (5) When any registrant completes the registrant's term of registration or is otherwise released from the obligation to register under section 54-251, as amended by this act, 54-252, as amended by this act, 54-253, as amended by this act, or 54-254, as amended by 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] the registrant's name and information from the registry.
(b) Neither the state nor any [municipality, nor any branch, agency or employee thereof] political subdivision of the state nor any officer or employee thereof, shall be held civilly 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. The state and any political subdivision of the state and, except in cases of wanton, reckless or malicious conduct, any officer or employee thereof, shall be immune from liability for good faith conduct in carrying out the provisions of subdivision (2) of subsection (a) of this section.
Sec. 10. (NEW) Any agency of the state or any political subdivision thereof that provides public access to information contained in the registry shall post a warning that states: "Any person who uses information in this registry to injure, harass or commit a criminal act against any person included in the registry or any other person is subject to criminal prosecution." Such warning shall be in a suitable size and location to ensure that it will be seen by any person accessing registry information.
Sec. 11. 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]
(a) 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, as amended by this act, or of a felony found by the sentencing court to have been committed for a sexual purpose as provided in section 54-254, as amended by this act, and is sentenced to the custody of the Commissioner of Correction shall, at any time prior to release from custody, have a sample of [his] such person's 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]
(b) 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, as amended by this act, or of a felony found by the sentencing court to have been committed for a sexual purpose, as provided in section 54-254, as amended by this act, who is not sentenced to a term of confinement shall, as a condition of such sentence, have a sample of [his] such person's 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,] 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, or of a felony found by the sentencing court to have been committed for a sexual purpose, as provided in section 54-254, as amended by this act, shall, at any time prior to discharge from custody in accordance with subsection (e) of section 17a-582, section 17a-588 or subsection (g) of section 17a-593, have a sample of [his] such person's blood taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person.
(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. 12. Subsection (a) of section 53a-30 of the general statutes is repealed and the following is substituted in lieu thereof:
(a) When imposing sentence of probation or conditional discharge, the court may, as a condition of the sentence, order that the defendant: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip him for suitable employment; (2) undergo medical or psychiatric treatment and remain in a specified institution, when required for that purpose; (3) support his dependents and meet other family obligations; (4) make restitution of the fruits of his offense or make restitution, in an amount he can afford to pay or provide in a suitable manner, for the loss or damage caused thereby and the court may fix the amount thereof and the manner of performance; (5) if a minor, (A) reside with his parents or in a suitable foster home, (B) attend school, and (C) contribute to his own support in any home or foster home; (6) post a bond or other security for the performance of any or all conditions imposed; (7) refrain from violating any criminal law of the United States, this state or any other state; (8) if convicted of a misdemeanor or a felony, other than a capital felony, a class A felony or a violation of section 21a-278, 21a-278a, 53a-55, 53a-56, 53a-56b, 53a-57, 53a-58 or 53a-70b or any offense for which there is a mandatory minimum sentence which may not be suspended or reduced by the court, and any sentence of imprisonment is suspended, participate in an alternate incarceration program; (9) reside in a residential community center or halfway house approved by the Commissioner of Correction, and contribute to the cost incident to such residence; (10) participate in a program of community service labor in accordance with section 53a-39c; (11) participate in a program of community service in accordance with section 51-181c; (12) if convicted of a violation of subdivision (2) of section 53-21, section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, undergo specialized sexual offender treatment; (13) if convicted of a criminal offense against a victim who is a minor, a nonviolent sexual offense or a sexually violent offense, as defined in section 54-250, as amended by this act, or of a felony that the court finds was committed for a sexual purpose, as provided in section 54-254, as amended by this act, register such person's identifying factors, as defined in section 54-250, as amended by this act, with the Commissioner of Public Safety when required pursuant to section 54-251, as amended by this act, 54-252, as amended by this act, or 54-253, as amended by this act, as the case may be; (14) satisfy any other conditions reasonably related to his rehabilitation. The court shall cause a copy of any such order to be delivered to the defendant and to the probation officer, if any.
Sec. 13. This act shall take effect July 1, 1999.
Approved June 29, 1999
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