Connecticut 2011 Regular Session

Connecticut Senate Bill SB01183 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 1183
2	2	January Session, 2011 LCO No. 4627
3	3	04627_______JUD
4	4	Referred to Committee on Judiciary
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 1183
11	11
12	12	January Session, 2011
13	13
14	14	LCO No. 4627
15	15
16	16	04627_______JUD
17	17
18	18	Referred to Committee on Judiciary
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING INMATE REQUESTS FOR PUBLIC RECORDS.
25	25
26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. Subsection (c) of section 1-210 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
29	29
30	30	(c) (1) Whenever a public agency receives a request from any person confined in a correctional institution or facility or a Whiting Forensic Division facility, for disclosure of any public record under the Freedom of Information Act, the public agency shall promptly forward a copy of such request to a judge trial referee, designated by the Chief Court Administrator, who shall conduct a preliminary review of such request. If the judge trial referee determines that there are reasonable grounds for the request, the judge trial referee shall order the agency to comply with the request and proceed in accordance with subdivision (2) of this subsection. If the judge trial referee determines that the request is without reasonable grounds, the judge trial referee shall order the agency to deny the request.
31	31
32	32	(2) If the judge trial referee orders the agency to comply with the request, the agency shall promptly notify the Commissioner of Correction or the Commissioner of Mental Health and Addiction Services in the case of a person confined in a Whiting Forensic Division facility of such request, in the manner prescribed by the commissioner, before complying with the request as required by the Freedom of Information Act.
33	33
34	34	(3) If the [commissioner] Commissioner of Correction or the Commissioner of Mental Health and Addiction Services, as the case may be, believes the requested record is exempt from disclosure pursuant to subdivision (18) of subsection (b) of this section, the commissioner may withhold such record from such person when the record is delivered to the person's correctional institution or facility or Whiting Forensic Division facility.
35	35
36	36	Sec. 2. Subsection (a) of section 1-206 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
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38	38	(a) Any denial of the right to inspect or copy records provided for under section 1-210, as amended by this act, shall be made to the person requesting such right by the public agency official who has custody or control of the public record, in writing, within four business days of such request, except when the request is determined to be subject to subsections (b) and (c) of section 1-214, in which case such denial shall be made, in writing, within ten business days of such request or, when the request is determined to be subject to subsection (c) of section 1-210, as amended by this act, in which case such denial shall be made, in writing, within four business days of receipt of the order of the judge trial referee. Failure to comply with a request to so inspect or copy such public record within the applicable number of business days shall be deemed to be a denial.
39	39
40	40	Sec. 3. (NEW) (Effective October 1, 2011) A statement filed under section 9-608 of the general statutes shall not be subject to disclosure under the Freedom of Information Act, as defined in section 1-200 of the general statutes, to any individual committed to the custody or supervision of the Commissioner of Correction or confined in a facility of the Whiting Forensic Division of the Connecticut Valley Hospital.
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45	45	This act shall take effect as follows and shall amend the following sections:
46	46	Section 1 October 1, 2011 1-210(c)
47	47	Sec. 2 October 1, 2011 1-206(a)
48	48	Sec. 3 October 1, 2011 New section
49	49
50	50	This act shall take effect as follows and shall amend the following sections:
51	51
52	52	Section 1
53	53
54	54	October 1, 2011
55	55
56	56	1-210(c)
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58	58	Sec. 2
59	59
60	60	October 1, 2011
61	61
62	62	1-206(a)
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64	64	Sec. 3
65	65
66	66	October 1, 2011
67	67
68	68	New section
69	69
70	70	Statement of Purpose:
71	71
72	72	To provide for a preliminary review of Freedom of Information requests made by inmates and prohibit access by inmates to the list of contributors to a candidate for election to public office.
73	73
74	74	[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.]