Connecticut 2022 Regular Session

Connecticut Senate Bill SB00254 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 254
8		-	February Session, 2022
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	5	+	LCO No. 1905 1 of 6
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14		-	AN ACT ESTABLISHING A TASK FORCE TO STUDY THE IMPACT OF
15		-	A RESIDENT WHO APPEARS IN A SEX OFFENDER REGISTRY ON
16		-	THE ENVIRONMENT OF A LONG-TERM CARE FACILITY AND OF
17		-	SUCH REGISTRIES ON THE HEALTH OF A PERSON WHO APPEARS
18		-	IN ONE.
	7	+	General Assembly Raised Bill No. 254
	8	+	February Session, 2022
	9	+	LCO No. 1905
	10	+
	11	+
	12	+	Referred to Committee on PUBLIC HEALTH
	13	+
	14	+
	15	+	Introduced by:
	16	+	(PH)
	17	+
	18	+
	19	+
	20	+
	21	+	AN ACT REQUIRING LONG -TERM CARE FACILITY RESIDENTS TO
	22	+	UNDERGO A CRIMINAL HISTORY AND SEXUAL OFFENDER
	23	+	REGISTRY SEARCH.
19	24		Be it enacted by the Senate and House of Representatives in General
20	25		Assembly convened:
21	26
22		-	Section 1. (Effective from passage) (a) There is established a task force 1
23		-	to study methods of ensuring the health and safety of residents and 2
24		-	employees of a long-term care facility with a resident who appears in a 3
25		-	state or national sex offender registry database and access to long-term 4
26		-	care by a person who appears in one or more of such databases. Such 5
27		-	study shall include, but not be limited to, an evaluation of (1) the impact 6
28		-	that such person has as a resident of a long-term care facility on the 7
29		-	environment of the long-term care facility, (2) the impact of the sex 8
30		-	offender registry databases on (A) access to long-term care by a person 9
31		-	who appears in one or more of such databases, and (B) such person's 10
32		-	health, and (3) any necessary legislative changes to ensure (A) the health 11
33		-	and safety of residents and employees of a long-term care facility with 12
34		-	a resident who appears in one or more of such databases, and (B) access 13
35		-	to long-term care by a person who appears in one or more of such 14
36		-	databases. 15
37		-	(b) The task force shall consist of the following members: 16 Substitute Bill No. 254
	27	+	Section 1. (Effective July 1, 2022) (a) As used in this section: 1
	28	+	(1) "Criminal history and sexual offender registry search" or 2
	29	+	"background search" means (A) state and national criminal history 3
	30	+	records checks conducted in accordance with section 29-17a of the 4
	31	+	general statutes, (B) a search of the National Sex Offender Public 5
	32	+	Website maintained by the United States Department of Justice and the 6
	33	+	registry established and maintained pursuant to section 54-257 of the 7
	34	+	general statutes, and (C) a review of any other registry specified by the 8
	35	+	Department of Public Health that the department deems necessary for 9
	36	+	the administration of a background search program. 10
	37	+	(2) "Disqualifying offense" means a conviction of a crime described in 11
	38	+	section 53a-59, 53a-59a, 53-59b, 53a-59c, 53a-60, 53a-60a, 53a-60b, 53a-12
	39	+	60c, 53a-61, 53a-61a, 53-61aa, 53a-62, 53a-64aa, 53a-64bb, 53a-64cc, 53a-13
	40	+	70, 53a-70a, 53a-70c, 53a-71, 53a-72, 53a-72a, 53a-72b, 53a-73a, 53a-83b, 14 Raised Bill No. 254
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44		-	(1) Two appointed by the speaker of the House of Representatives, 17
45		-	one of whom shall be a representative of an alliance in the state aimed 18
46		-	at ending sexual violence, and one of whom shall be a representative of 19
47		-	the Connecticut chapter of a national organization that offers a variety 20
48		-	of services aimed at improving the lives of persons over the age of fifty; 21
49		-	(2) Two appointed by the president pro tempore of the Senate, one of 22
50		-	whom shall be a representative of an organization in the state that 23
51		-	provides services to survivors of sexual assault when the offender is 24
52		-	released into the community after serving a sentence for sexual assault, 25
53		-	and one of whom shall be a representative of an association of health 26
54		-	care employees in New England; 27
55		-	(3) One appointed by the majority leader of the House of 28
56		-	Representatives, who shall be a representative of a membership 29
57		-	association in the state that represents nonprofit organizations serving 30
58		-	older adults and persons with a disability across a continuum of 31
59		-	services, supports and housing, including, but not limited to, long-term 32
60		-	care facilities; 33
61		-	(4) One appointed by the majority leader of the Senate, who shall be 34
62		-	a representative of an association of health care facilities in the state; 35
63		-	(5) One appointed by the minority leader of the House of 36
64		-	Representatives, who shall be a representative of an organization that 37
65		-	provides services to persons impacted by the justice system, including 38
66		-	persons who have been incarcerated or detained in a correctional 39
67		-	institution, jail of any city, immigration detention center or juvenile 40
68		-	detention center, persons who have been convicted but not incarcerated, 41
69		-	persons who have been charged with a crime but not convicted and 42
70		-	persons who have been arrested; 43
71		-	(6) One appointed by the minority leader of the Senate, who shall be 44
72		-	a representative of the Connecticut chapter of a national nonprofit 45
73		-	organization that defends, promotes and works toward preserving 46
74		-	individual rights and liberties under the Constitutions of the United 47 Substitute Bill No. 254
	44	+	LCO No. 1905 2 of 6
	45	+
	46	+	53a-86, 53a-90a, 53a-92, 53a-92a, 53a-94, 53a-94a, 53a-95, 53a-100aa, 53a-15
	47	+	101, 53a-102, 53a-102a, 53a-103, 53a-103a, 53a-107, 53a-108, 53a-109, 53a-16
	48	+	111, 53a-112, 53a-113, 53a-114, 53a-115, 53a-116, 53a-117, 53a-117a, 53a-17
	49	+	117e, 53a-117f, 53a-117g, 53a-133, 53a-134, 53a-135, 53a-136, 53a-136a, 18
	50	+	53a-167c, 53a-167d, 53a-167e, 53a-175, 53a-176, 53a-177, 53a-178, 53a-19
	51	+	179, 53a-179a, 53a-179b, 53a-179c, 53a-180, 53a-180a, 53a-180b, 53a-180c, 20
	52	+	53a-180aa, 53a-181, 53a-181a, 53a-181c, 53a-181d, 53a-181e, 53a-181f, 21
	53	+	53a-181i, 53a-181j, 53a-181k, 53a-181l, 53a-182, 53a-182b, 53a-183, 53a-22
	54	+	183b, 53a-185, 53a-186, 53a-189a, 53a-189b, 53a-189c, 53a-192, 53a-192a, 23
	55	+	53a-223, 53a-223a, 53a-223b, 53a-223c, 53a-224, 53a-300, 53a-301, 53a-302, 24
	56	+	53a-304, 53a-321, 53a-322 or 53a-323 of the general statutes. 25
	57	+	(3) "Long-term care facility" means a nursing home, as defined in 26
	58	+	section 19a-490 of the general statutes, a residential care home, as 27
	59	+	defined in section 19a-490 of the general statutes, or a managed 28
	60	+	residential community, as defined in section 19a-693 of the general 29
	61	+	statutes, that provides services offered by an assisted living services 30
	62	+	agency, as defined in section 19a-490 of the general statutes. 31
	63	+	(b) Not later than January 1, 2023, the Department of Public Health, 32
	64	+	within available appropriations, shall create and implement a criminal 33
	65	+	history and sexual offender registry search program in order to facilitate 34
	66	+	the performance, processing and analysis of a background search of any 35
	67	+	person who is applying for admission or is otherwise to be admitted to 36
	68	+	a long-term care facility. 37
	69	+	(c) (1) On and after January 1, 2023, except as provided in subdivision 38
	70	+	(2) of this subsection, each long-term care facility, prior to admitting a 39
	71	+	person as a resident to the long-term care facility, shall require that such 40
	72	+	person submit to a background search. The Department of Public Health 41
	73	+	shall prescribe the manner by which (A) long-term care facilities 42
	74	+	perform the review of any registry specified by the department, 43
	75	+	including requiring long-term care facilities to report the results of such 44
	76	+	review to the department, and (B) the person shall submit to a 45
	77	+	background search, including requiring the Department of Emergency 46
	78	+	Services and Public Protection to report the results of such background 47 Raised Bill No. 254
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81		-	States and the state in state and federal court, the General Assembly and 48
82		-	the state's towns and cities; 49
83		-	(7) The Commissioner of Public Health, or the commissioner's 50
84		-	designee; and 51
85		-	(8) The Commissioner of Mental Health and Addiction Services, or 52
86		-	the commissioner's designee. 53
87		-	(c) Any member of the task force appointed under subdivision (1), 54
88		-	(2), (3), (4), (5) or (6) of subsection (b) of this section may be a member 55
89		-	of the General Assembly. 56
90		-	(d) All initial appointments to the task force shall be made not later 57
91		-	than thirty days after the effective date of this section. Any vacancy shall 58
92		-	be filled by the appointing authority. 59
93		-	(e) The representative of an alliance in the state aimed at ending 60
94		-	sexual violence and the representative of an association of health care 61
95		-	employees in New England shall serve as chairpersons of the task force. 62
96		-	Such chairpersons shall schedule the first meeting of the task force, 63
97		-	which shall be held not later than sixty days after the effective date of 64
98		-	this section. 65
99		-	(f) The administrative staff of the joint standing committee of the 66
100		-	General Assembly having cognizance of matters relating to public 67
101		-	health shall serve as administrative staff of the task force. 68
102		-	(g) Not later than January 1, 2023, the task force shall submit a report 69
103		-	on its findings and recommendations to the joint standing committee of 70
104		-	the General Assembly having cognizance of matters relating to public 71
105		-	health, in accordance with the provisions of section 11-4a of the general 72
106		-	statutes. The task force shall terminate on the date that it submits such 73
107		-	report or January 1, 2023, whichever is later. 74 Substitute Bill No. 254
	82	+	LCO No. 1905 3 of 6
	83	+
	84	+	search to the Department of Public Health. 48
	85	+	(2) No long-term care facility shall be required to comply with the 49
	86	+	provisions of subdivision (1) of this subsection if (A) the person 50
	87	+	provides evidence to the long-term care facility that such person 51
	88	+	submitted to a background search conducted pursuant to subdivision 52
	89	+	(1) of this subsection not more than one month immediately preceding 53
	90	+	the date such person applies for admission as a resident of the long-term 54
	91	+	care facility and that the prior background search confirmed that the 55
	92	+	person did not have a disqualifying offense, (B) the long-term care 56
	93	+	facility operates with a mission to serve the justice-involved population, 57
	94	+	or (C) the person is being transferred from a hospital to the long-term 58
	95	+	care facility for the purpose of receiving rehabilitation services, 59
	96	+	provided the long-term care facility shall require that such person 60
	97	+	submit to a background search as soon as practicable after such person 61
	98	+	is admitted to the long-term care facility for receipt of such services. 62
	99	+	(d) (1) The Department of Public Health shall review all reports 63
	100	+	provided to the department pursuant to subsection (c) of this section. If 64
	101	+	any such report contains evidence indicating that a person has a 65
	102	+	disqualifying offense, the department shall provide notice to the person 66
	103	+	and the long-term care facility indicating the disqualifying offense and 67
	104	+	providing the person with the opportunity to file a request for a waiver 68
	105	+	pursuant to subdivision (2) of this subsection. 69
	106	+	(2) A person may file a written request for a waiver with the 70
	107	+	department not later than thirty days after the date the department 71
	108	+	provides notice to the person pursuant to subdivision (1) of this 72
	109	+	subsection. The department shall mail a written determination 73
	110	+	indicating whether the department shall grant a waiver pursuant to 74
	111	+	subdivision (3) of this subsection not later than fifteen business days 75
	112	+	after the department receives the written request from the person, 76
	113	+	except that said time period shall not apply to any request for a waiver 77
	114	+	in which a person challenges the accuracy of the information obtained 78
	115	+	from the background search. 79 Raised Bill No. 254
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	118	+
	119	+	LCO No. 1905 4 of 6
	120	+
	121	+	(3) The department may grant a waiver from the provisions of 80
	122	+	subsection (e) of this section to a person who identifies mitigating 81
	123	+	circumstances surrounding the disqualifying offense, including (A) 82
	124	+	inaccuracy in the information obtained from the background search, (B) 83
	125	+	lack of a relationship between the disqualifying offense and the 84
	126	+	residency for which the person has applied, (C) evidence that the person 85
	127	+	has pursued or achieved rehabilitation with regard to the disqualifying 86
	128	+	offense, or (D) that substantial time has elapsed since committing the 87
	129	+	disqualifying offense. The department and its employees shall be 88
	130	+	immune from liability, civil or criminal, that might otherwise be 89
	131	+	incurred or imposed, for good faith conduct in granting waivers 90
	132	+	pursuant to this subdivision. 91
	133	+	(4) After completing a review pursuant to subdivision (1) of this 92
	134	+	subsection, the department shall notify in writing the long-term care 93
	135	+	facility to which the person has applied for admission as a resident (A) 94
	136	+	of any disqualifying offense and any information the person provided 95
	137	+	to the department regarding mitigating circumstances surrounding 96
	138	+	such offense, or of the lack of a disqualifying offense, and (B) whether 97
	139	+	the department granted a waiver pursuant to subdivision (3) of this 98
	140	+	subsection. 99
	141	+	(e) No long-term care facility shall admit as a resident a person 100
	142	+	required to submit to a background search if the long-term care facility 101
	143	+	receives notice from the Department of Public Health that the person 102
	144	+	has a disqualifying offense in the person's background search and the 103
	145	+	department has not granted a waiver pursuant to subdivision (3) of 104
	146	+	subsection (d) of this section. A long-term care facility may, but is not 105
	147	+	obligated to, admit as a resident a person who was granted a waiver 106
	148	+	pursuant to said subdivision. 107
	149	+	(f) (1) Except as provided in subdivision (2) of this subsection, a long-108
	150	+	term care facility shall not admit as a resident any person required to 109
	151	+	submit to a background search until the long-term care facility receives 110
	152	+	notice from the Department of Public Health pursuant to subdivision (4) 111
	153	+	of subsection (d) of this section. 112 Raised Bill No. 254
	154	+
	155	+
	156	+
	157	+	LCO No. 1905 5 of 6
	158	+
	159	+	(2) A long-term care facility may admit as a resident a person 113
	160	+	required to submit to a background search on a conditional basis before 114
	161	+	the long-term care facility receives notice from the department that such 115
	162	+	person does not have a disqualifying offense, provided the following 116
	163	+	conditions have been met: (A) The period of residency on a conditional 117
	164	+	basis shall last not more than sixty days, except the sixty-day time 118
	165	+	period may be extended by the department to allow for the filing and 119
	166	+	consideration of a written request for a waiver of a disqualifying offense 120
	167	+	filed by a person pursuant to subsection (d) of this section, (B) the long-121
	168	+	term care facility has begun the review required under subsection (c) of 122
	169	+	this section and the person has submitted to a background check 123
	170	+	pursuant to subsection (c) of this section, (C) the person is subject to 124
	171	+	constant supervision by staff of the long-term care facility during the 125
	172	+	course of such conditional residency period, and (D) the person, in a 126
	173	+	signed statement (i) affirms that the person has not committed a 127
	174	+	disqualifying offense, and (ii) acknowledges that a disqualifying offense 128
	175	+	reported in the background search required by subsection (c) of this 129
	176	+	section shall constitute good cause for removal from residency and a 130
	177	+	long-term care facility may remove the person from residency if a 131
	178	+	disqualifying offense is reported in such background search. 132
	179	+	(g) Records and information with respect to any person that are 133
	180	+	obtained by the Department of Public Health pursuant to this section 134
	181	+	shall not be subject to disclosure under section 1-210 of the general 135
	182	+	statutes. 136
	183	+	(h) The Commissioner of Public Health shall adopt regulations, in 137
	184	+	accordance with the provisions of chapter 54 of the general statutes, to 138
	185	+	implement the provisions of this section. The commissioner may 139
	186	+	implement policies and procedures consistent with the provisions of 140
	187	+	this section while in the process of adopting such policies and 141
	188	+	procedures as regulation, provided the commissioner shall publish 142
	189	+	notice of intention to adopt regulations on the eRegulations System not 143
	190	+	later than twenty days after the date of implementation. Such policies 144
	191	+	and procedures shall be valid until the time final regulations are 145
	192	+	effective. 146 Raised Bill No. 254
	193	+
	194	+
	195	+
	196	+	LCO No. 1905 6 of 6
113	197
114	198		This act shall take effect as follows and shall amend the following
115	199		sections:
116	200
117		-	Section 1 ~~from passage~~ New section
	201	+	Section 1 July 1, 2022 New section
118	202
119		-	PH Joint Favorable Subst.
	203	+	Statement of Purpose:
	204	+	To require long-term care facility residents to undergo a criminal history
	205	+	and sexual offender registry search.
	206	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	207	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	208	+	underlined.]
120	209