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General Assembly Raised Bill No. 266
February Session, 2022
LCO No. 2027
Referred to Committee on AGING
Introduced by:
(AGE)
AN ACT CONCERNING A REGISTRY OF PERSONS CONVICTED OF
FINANCIAL CRIMES AGAINST ELDERLY PERSONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) For purposes of this section 1
and sections 2 to 4, inclusive, of this act, (1) "convicted" and "found not 2
guilty by reason of mental disease or defect" have the same meanings as 3
provided in section 54-280 of the general statutes, (2) "elderly person" 4
means a person sixty years of age or older, (3) "financial crime against 5
an elderly person" means a crime involving an elderly person as a victim 6
prosecuted under subdivision (5) of subsection (a) of section 53a-123 or 7
section 53a-125c, 53a-125d, 53a-125e, 53a-129b or 53a-129c of the general 8
statutes, and (4) "registrant" means a person required to register 9
pursuant to sections 3 and 4 of this act. 10
Sec. 2. (NEW) (Effective from passage) (a) The Department of 11
Emergency Services and Public Protection shall, not later than January 12
1, 2023, establish and maintain a registry of all persons required to 13
register under sections 3 and 4 of this act. The department shall, in 14
cooperation with the Office of the Chief Court Administrator, the 15 Raised Bill No. 266
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Department of Correction and the Psychiatric Security Review Board, 16
develop appropriate forms for use by persons to report registration 17
information, including changes of address. Upon receipt of registration 18
information, the department shall enter the information into the registry 19
and notify the local police department or state police troop having 20
jurisdiction where the registrant resides or plans to reside. 21
(b) Upon receiving notification pursuant to section 3 of this act that a 22
registrant has changed his or her address within the state, the 23
Department of Emergency Services and Public Protection shall enter the 24
information into the registry and notify the local police departments or 25
state police troops having jurisdiction where the registrant previously 26
resided and the jurisdiction to which the registrant has relocated. The 27
Commissioner of Emergency Services and Public Protection shall ensure 28
that the name and residential address of each registrant is available 29
through the Connecticut On-Line Law Enforcement Communications 30
Teleprocessing system. If a registrant reports a residence in another 31
state, the department may notify the state police agency of that state or 32
such other agency in that state that maintains registry information, if 33
known. 34
(c) The Department of Emergency Services and Public Protection may 35
suspend the registration of any person registered under sections 3 and 36
4 of this act while such person is incarcerated, under civil commitment 37
or residing outside this state. During the period that such registration is 38
under suspension, the department may withdraw the registration 39
information. Upon the release of the registrant from incarceration or 40
civil commitment or resumption of residency in this state by the 41
registrant, the department shall reinstate the registration and 42
redistribute the registration information in accordance with subsection 43
(b) of this section. Suspension of registration shall not affect the date of 44
expiration of the registration obligation of the registrant under section 3 45
of this act. 46
(d) Whenever the Commissioner of Emergency Services and Public 47
Protection receives notice from a superior court pursuant to section 52-48 Raised Bill No. 266
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11 of the general statutes, as amended by this act, or a Probate Court 49
pursuant to section 45a-99 of the general statutes, as amended by this 50
act, that such court has ordered the change of name of a person, and the 51
department determines that such person is listed in the registry, the 52
department shall revise such person's registration information 53
accordingly. 54
(e) The Commissioner of Emergency Services and Public Protection 55
shall develop a protocol for the notification of other state agencies, the 56
Judicial Department and the applicable local police department or state 57
police troop whenever a person listed in the registry changes such 58
person's name and notifies the commissioner of the new name pursuant 59
to section 3 of this act or whenever the commissioner determines 60
pursuant to subsection (d) of this section that a person listed in the 61
registry has changed such person's name. 62
(f) The information in the registry shall be a public record or file for 63
the purposes of section 1-200 of the general statutes. 64
(g) Not later than two business days after entering the information of 65
a new offender in the registry, the Commissioner of Emergency Services 66
and Public Protection shall send the registry information to the 67
Commissioner of Public Health for inclusion in a searchable data base 68
established pursuant to section 19a-491c of the general statutes, as 69
amended by this act, for persons seeking to hire individuals for 70
positions assisting elderly persons. 71
Sec. 3. (NEW) (Effective from passage) (a) (1) Any person who has been 72
convicted or found not guilty by reason of mental disease or defect of a 73
financial crime against an elderly person and is released into the 74
community on or after January 1, 2023, shall, within fourteen calendar 75
days following such release or, if such person is in the custody of the 76
Commissioner of Correction, at such time prior to release as the 77
Commissioner of Correction shall direct, whether or not such person's 78
place of residence is in this state, register in accordance with section 4 of 79
this section. A registrant shall maintain such registration for five years 80 Raised Bill No. 266
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from the initial date of registration. 81
(2) Prior to accepting a plea of guilty or nolo contendere from a 82
person with respect to a financial crime against an elderly person, a 83
court shall (A) inform the person that the entry of a finding of guilty 84
after acceptance of the plea will subject the person to the registration 85
requirements of this section, and (B) determine that the person fully 86
understands the consequences of the plea. 87
(3) If any person who is subject to registration under this section 88
changes such person's name, such person shall notify the Commissioner 89
of Emergency Services and Public Protection in writing of the new 90
name. If any person who is subject to registration under this section 91
changes such person's address, such person shall notify the 92
Commissioner of Emergency Services and Public Protection in writing 93
of the new address. During such period of registration, each registrant 94
shall complete and return any forms mailed to such registrant to verify 95
such registrant's residential address and shall submit to the retaking of 96
a photographic image upon request of the Commissioner of Emergency 97
Services and Public Protection. 98
(b) Any person required to register under this section shall, not later 99
than twenty calendar days after each anniversary date of such initial 100
registration, until the date such registration requirement expires under 101
subdivision (1) of subsection (a) of this section, personally appear at the 102
local police department or state police troop having jurisdiction where 103
the registrant resides to verify and update, as appropriate, the contents 104
of his or her registration. The local police department or state police 105
troop, as the case may be, may defer such requirement to personally 106
appear to a later date for good cause shown. Not later than thirty 107
calendar days prior to such anniversary date, the Department of 108
Emergency Services and Public Protection shall mail written notice of 109
the personal appearance requirement of this subsection to the registrant 110
and the local police department or state police troop having jurisdiction 111
where the registrant resides. Not later than thirty calendar days after the 112
anniversary date of each registrant, the local police department or state 113 Raised Bill No. 266
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police troop having jurisdiction where the registrant resides shall notify 114
the Commissioner of Emergency Services and Public Protection, on such 115
form as the commissioner may prescribe, (1) whether the registrant 116
complied with the personal appearance requirement of this subsection 117
or whether such personal appearance requirement was deferred to a 118
later date for good cause shown, and (2) if the personal appearance 119
requirement was deferred to a later date for good cause shown, the later 120
date established for such personal appearance and a description of the 121
good cause shown. 122
(c) Any person subject to registration under this section who violates 123
any provisions of subsection (a) or (b) of this section, except a violation 124
consisting of failure to notify the Commissioner of Emergency Services 125
and Public Protection of a change of name or address, shall be guilty of 126
a class D felony. Any person who is subject to registration under this 127
section who fails to notify the Commissioner of Emergency Services and 128
Public Protection of a change of name or address not later than five 129
business days after such change of name or address shall be guilty of a 130
class D felony. 131
Sec. 4. (NEW) (Effective from passage) (a) The registration information 132
for each registrant required to register under section 3 of this act shall 133
include: 134
(1) The registrant's name, including any other name by which the 135
offender has been legally known, and any aliases used by the registrant; 136
(2) Identifying information, including, but not limited to, a physical 137
description of the registrant; 138
(3) The current residential address and electronic mail address of the 139
registrant; 140
(4) The date of conviction of the offense; 141
(5) A description of the offense; and 142 Raised Bill No. 266
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(6) If the registrant was sentenced to a term of incarceration for such 143
offense, a portion of which was not suspended, the date the registrant 144
was released from such incarceration. 145
(b) The registrant shall sign and date the registration. 146
(c) At the time that the registrant appears for the purpose of 147
registering, the Department of Emergency Services and Public 148
Protection shall photograph the registrant and arrange for the 149
fingerprinting of the registrant and include such photograph and a 150
complete set of fingerprints in the registry. 151
(d) The Department of Emergency Services and Public Protection 152
may require the registrant to provide documentation to verify the 153
contents of the registration. 154
Sec. 5. Section 19a-491c of the 2022 supplement to the general statutes 155
is repealed and the following is substituted in lieu thereof (Effective from 156
passage): 157
(a) As used in this section: 158
(1) "Criminal history and patient abuse background search" or 159
"background search" means (A) a review of the registry of nurse's aides 160
maintained by the Department of Public Health pursuant to section 20-161
102bb, (B) checks of state and national criminal history records 162
conducted in accordance with section 29-17a, (C) on and after January 163
1, 2023, a review of the registry established under section 2 of this act, 164
and [(C)] (D) a review of any other registry specified by the Department 165
of Public Health which the department deems necessary for the 166
administration of a background search program. 167
(2) "Direct access" means physical access to a patient or resident of a 168
long-term care facility that affords an individual with the opportunity 169
to commit abuse or neglect against or misappropriate the property of a 170
patient or resident. 171 Raised Bill No. 266
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(3) "Disqualifying offense" means a conviction of (A) any crime 172
described in 42 USC 1320a-7(a)(1), (2), (3) or (4), (B) a substantiated 173
finding of neglect, abuse or misappropriation of property by a state or 174
federal agency pursuant to an investigation conducted in accordance 175
with 42 USC 1395i-3(g)(1)(C) or 42 USC 1396r(g)(1)(C), or (C) a 176
conviction of a financial crime against an elderly person as defined in 177
section 1 of this act or any crime described in section 53a-59a, 53a-60b, 178
53a-60c, 53a-61a, 53a-321, 53a-322 or 53a-323. 179
(4) "Long-term care facility" means any facility, agency or provider 180
that is a nursing home, as defined in section 19a-521, a residential care 181
home, as defined in section 19a-521, a home health care agency, hospice 182
agency or home health aide agency, as defined in section 19a-490, an 183
assisted living services agency, as defined in section 19a-490, an 184
intermediate care facility for individuals with intellectual disabilities, as 185
defined in 42 USC 1396d(d), except any such facility operated by a 186
Department of Developmental Services' program subject to background 187
checks pursuant to section 17a-227a, a chronic disease hospital, as 188
defined in section 19a-550, or an agency providing hospice care which 189
is licensed to provide such care by the Department of Public Health or 190
certified to provide such care pursuant to 42 USC 1395x. 191
(b) The Department of Public Health shall create and implement a 192
criminal history and patient abuse background search program, within 193
available appropriations, in order to facilitate the performance, 194
processing and analysis of the criminal history and patient abuse 195
background search of individuals who have direct access. 196
(c) (1) Except as provided in subdivision (2) of this subsection, each 197
long-term care facility, prior to extending an offer of employment to, or 198
entering into a contract for, the provision of long-term care services with 199
any individual who will have direct access, or prior to allowing any 200
individual to begin volunteering at such long-term care facility when 201
the long-term care facility reasonably expects such volunteer will 202
regularly perform duties that are substantially similar to those of an 203
employee with direct access, shall require that such individual submit 204 Raised Bill No. 266
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to a background search. The Department of Public Health shall 205
prescribe the manner by which (A) long-term care facilities perform the 206
review of (i) the registry of nurse's aides maintained by the department 207
pursuant to section 20-102bb, and (ii) any other registry specified by the 208
department, including requiring long-term care facilities to report the 209
results of such review to the department, and (B) individuals submit to 210
state and national criminal history records checks, including requiring 211
the Department of Emergency Services and Public Protection to report 212
the results of such checks to the Department of Public Health. 213
(2) No long-term care facility shall be required to comply with the 214
provisions of this subsection if (A) the individual provides evidence to 215
the long-term care facility that such individual submitted to a 216
background search conducted pursuant to subdivision (1) of this 217
subsection not more than three years immediately preceding the date 218
such individual applies for employment, seeks to enter into a contract 219
or begins volunteering with the long-term care facility and that the prior 220
background search confirmed that the individual did not have a 221
disqualifying offense, or (B) the commissioner determines the need to 222
temporarily suspend the requirements of this subsection in the event of 223
an emergency or significant disruption. The commissioner shall inform 224
the long-term care facility when the commissioner has suspended the 225
requirements of this subsection pursuant to subparagraph (B) of this 226
subdivision and when such suspension is rescinded. 227
(d) (1) The Department of Public Health shall review all reports 228
provided to the department pursuant to subsection (c) of this section. If 229
any such report contains evidence indicating that an individual has a 230
disqualifying offense, the department shall provide notice to the 231
individual and the long-term care facility indicating the disqualifying 232
offense and providing the individual with the opportunity to file a 233
request for a waiver pursuant to subdivisions (2) and (3) of this 234
subsection. 235
(2) An individual may file a written request for a waiver with the 236
department not later than thirty days after the date the department 237 Raised Bill No. 266
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mails notice to the individual pursuant to subdivision (1) of this 238
subsection. The department shall mail a written determination 239
indicating whether the department shall grant a waiver pursuant to 240
subdivision (3) of this subsection not later than fifteen business days 241
after the department receives the written request from the individual, 242
except that said time period shall not apply to any request for a waiver 243
in which an individual challenges the accuracy of the information 244
obtained from the background search. 245
(3) The department may grant a waiver from the provisions of 246
subsection (e) of this section to an individual who identifies mitigating 247
circumstances surrounding the disqualifying offense, including (A) 248
inaccuracy in the information obtained from the background search, (B) 249
lack of a relationship between the disqualifying offense and the position 250
for which the individual has applied, (C) evidence that the individual 251
has pursued or achieved rehabilitation with regard to the disqualifying 252
offense, or (D) that substantial time has elapsed since committing the 253
disqualifying offense. The department and its employees shall be 254
immune from liability, civil or criminal, that might otherwise be 255
incurred or imposed, for good faith conduct in granting waivers 256
pursuant to this subdivision. 257
(4) After completing a review pursuant to subdivision (1) of this 258
subsection, the department shall notify in writing the long-term care 259
facility to which the individual has applied for employment or with 260
which the individual seeks to enter into a contract or volunteer (A) of 261
any disqualifying offense and any information the individual provided 262
to the department regarding mitigating circumstances surrounding 263
such offense, or of the lack of a disqualifying offense, and (B) whether 264
the department granted a waiver pursuant to subdivision (3) of this 265
subsection. 266
(e) Notwithstanding the provisions of section 46a-80, no long-term 267
care facility shall employ an individual required to submit to a 268
background search, contract with any such individual to provide long-269
term care services or allow such individual to volunteer if the long-term 270 Raised Bill No. 266
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care facility receives notice from the department that the individual has 271
a disqualifying offense in the individual's background search and the 272
department has not granted a waiver pursuant to subdivision (3) of 273
subsection (d) of this section. A long-term care facility may, but is not 274
obligated to, employ, enter into a contract with or allow to volunteer an 275
individual who was granted a waiver pursuant to said subdivision (3). 276
(f) (1) Except as provided in subdivision (2) of this subsection, a long-277
term care facility shall not employ, enter into a contract with or allow to 278
volunteer any individual required to submit to a background search 279
until the long-term care facility receives notice from the Department of 280
Public Health pursuant to subdivision (4) of subsection (d) of this 281
section. 282
(2) A long-term care facility may employ, enter into a contract with 283
or allow to volunteer an individual required to submit to a background 284
search on a conditional basis before the long-term care facility receives 285
notice from the department that such individual does not have a 286
disqualifying offense, provided: (A) The employment or contractual or 287
volunteer period on a conditional basis shall last not more than sixty 288
days, except the sixty-day time period may be extended by the 289
department to allow for the filing and consideration of written request 290
for a waiver of a disqualifying offense filed by an individual pursuant 291
to subsection (d) of this section, (B) the long-term care facility has begun 292
the review required under subsection (c) of this section and the 293
individual has submitted to checks pursuant to subsection (c) of this 294
section, (C) the individual is subject to direct, on-site supervision during 295
the course of such conditional employment or contractual or volunteer 296
period, and (D) the individual, in a signed statement (i) affirms that the 297
individual has not committed a disqualifying offense, and (ii) 298
acknowledges that a disqualifying offense reported in the background 299
search required by subsection (c) of this section shall constitute good 300
cause for termination and a long-term care facility may terminate the 301
individual if a disqualifying offense is reported in said background 302
search. 303 Raised Bill No. 266
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(g) [Records] Except as provided in subsection (i) of this section, 304
records and information with respect to any individual that are obtained 305
by the department pursuant to this section shall not be subject to 306
disclosure under section 1-210. 307
(h) On and after January 1, 2023, the Department of Public Health 308
shall include in the background search program the names, last- known 309
addresses and information on the offenses of persons who have 310
registered with the Commissioner of Emergency Services and Public 311
Protection pursuant to sections 3 and 4 of this act. 312
(i) On and after February 1, 2023, the Department of Public Health 313
shall include on the department's Internet web site a link to the 314
background search program that allows the public to search the 315
program by name of a person. The listing will show such person's last-316
known address, convictions or other disciplinary actions taken and a 317
general description of offenses committed by the person. 318
[(h)] (j) The department shall adopt regulations, in accordance with 319
the provisions of chapter 54, to implement the provisions of this section. 320
The department may implement policies and procedures consistent 321
with the provisions of this section while in the process of adopting such 322
policies and procedures as regulation, provided notice of intention to 323
adopt regulations is [printed in the Connecticut Law Journal] posted on 324
the eRegulations System not later than twenty days after the date of 325
implementation. Such policies and procedures shall be valid until the 326
time final regulations are effective. 327
Sec. 6. Section 45a-99 of the general statutes is repealed and the 328
following is substituted in lieu thereof (Effective from passage): 329
(a) The courts of probate shall have concurrent jurisdiction with the 330
Superior Court, as provided in section 52-11, as amended by this act, to 331
grant a change of name, except a change of name granted in accordance 332
with subsection (a) of section 46b-63, except that no court of probate may 333
issue an order or otherwise allow for the change of name of a person 334 Raised Bill No. 266
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who is required to register with the Commissioner of Emergency 335
Services and Public Protection as a sexual offender, [or] as an offender 336
convicted of committing a crime with a deadly weapon or as an offender 337
convicted of committing a financial crime against an elderly person as 338
defined in section 1 of this act unless such person complies with the 339
requirements of subdivision (1) of subsection (b) of this section. 340
(b) (1) Any person who is required to register with the Commissioner 341
of Emergency Services and Public Protection as a sexual offender, [or] 342
as an offender convicted of committing a crime with a deadly weapon 343
or as an offender convicted of committing a financial crime against an 344
elderly person who files an application with the Court of Probate for a 345
change of name shall (A) prior to filing such application, notify the 346
Commissioner of Emergency Services and Public Protection, on such 347
form as the commissioner may prescribe, that the person intends to file 348
an application for a change of name, indicating the change of name 349
sought, and (B) include with such application a sworn statement that 350
such change of name is not being sought for the purpose of avoiding the 351
legal consequences of a criminal conviction, including, but not limited 352
to, a criminal conviction that requires such person to register as a sexual 353
offender, [or] as an offender convicted of committing a crime with a 354
deadly weapon or as an offender convicted of committing a financial 355
crime against an elderly person. 356
(2) The Commissioner of Emergency Services and Public Protection 357
shall have standing to challenge such person's application for a change 358
of name in the court of probate where such change of name is sought. 359
The commissioner shall challenge the change of name through the 360
Attorney General. The court of probate may deny such person's 361
application for a change of name if the court finds, by a preponderance 362
of the evidence, that the person is applying for such change of name for 363
the purpose of avoiding the legal consequences of a criminal conviction. 364
(c) Whenever the court, pursuant to this section, orders a change of 365
name of a person, the court shall notify the Commissioner of Emergency 366
Services and Public Protection of the issuance of such order if the court 367 Raised Bill No. 266
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finds that such person is listed in the registry established and 368
maintained pursuant to section 54-257, [or] in the registry established 369
and maintained pursuant to section 54-280 or, on and after January 1, 370
2023, in the registry established and maintained pursuant to section 2 of 371
this act. 372
Sec. 7. Section 52-11 of the general statutes is repealed and the 373
following is substituted in lieu thereof (Effective from passage): 374
(a) The superior court in each judicial district shall have jurisdiction 375
of complaints praying for a change of name, brought by any person 376
residing in the judicial district, and may change the name of the 377
complainant, who shall thereafter be known by the name prescribed by 378
said court in its decree, except that no superior court may issue an order 379
or otherwise allow for the change of name of a person who is required 380
to register with the Commissioner of Emergency Services and Public 381
Protection as a sexual offender, [or] as an offender convicted of 382
committing a crime with a deadly weapon or as an offender convicted 383
of committing a financial crime against an elderly person as defined in 384
section 1 of this act unless such person complies with the requirements 385
of subdivision (1) of subsection (b) of this section. 386
(b) (1) Any person who is required to register with the Commissioner 387
of Emergency Services and Public Protection as a sexual offender, [or] 388
as an offender convicted of committing a crime with a deadly weapon 389
or as an offender convicted of committing a financial crime against an 390
elderly person who files an application with the [Superior Court] 391
superior court for a change of name shall (A) prior to filing such 392
application, notify the Commissioner of Emergency Services and Public 393
Protection, on such form as the commissioner may prescribe, that the 394
person intends to file an application for a change of name, indicating the 395
change of name sought, and (B) include with such application a sworn 396
statement that such change of name is not being sought for the purpose 397
of avoiding the legal consequences of a criminal conviction, including, 398
but not limited to, a criminal conviction that requires such person to 399
register as a sexual offender, [or] as an offender convicted of committing 400 Raised Bill No. 266
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a crime with a deadly weapon or as an offender convicted of committing 401
a financial crime against an elderly person. 402
(2) The Commissioner of Emergency Services and Public Protection 403
shall have standing to challenge such person's application for a change 404
of name in the superior court where such change of name is sought. The 405
commissioner shall challenge the change of name through the Attorney 406
General. The superior court may deny such person's application for a 407
change of name if the court finds, by a preponderance of the evidence, 408
that the person is applying for such change of name for the purpose of 409
avoiding the legal consequences of a criminal conviction. 410
(c) Whenever the court, pursuant to this section, orders a change of 411
name of a person, the clerk of the court shall notify the Commissioner 412
of Emergency Services and Public Protection of the issuance of such 413
order if the clerk finds that such person is listed in the registry 414
established and maintained pursuant to section 54-257, [or] in the 415
registry established and maintained pursuant to section 54-280 or, on 416
and after January 1, 2023, in the registry established and maintained 417
pursuant to section 2 of this act. 418
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 from passage 19a-491c
Sec. 6 from passage 45a-99
Sec. 7 from passage 52-11
AGE Joint Favorable C/R JUD